notice - City of Compton
Transcription
notice - City of Compton
NOTICE COMPTON CITY COUNCIL AGENDA Tuesday, September 01, 2015 3:00 PM HEARING(S) OPENING MOMENT OF SILENCE ROLL CALL INTRODUCTION OF SPECIAL GUESTS PUBLIC COMMENTS ON AGENDA ITEMS AND NON-AGENDA MATTERS CONSENT AGENDA Consent items are routine and expected to be non-controversial. They will be acted upon by the Council at one time without discussion unless a Council Member requests an item be removed or discussed. APPROVAL OF MINUTES REPORTS OF OFFICERS AND COMMISSIONS CITY MANAGER/CITY ATTORNEY/CITY TREASURER REPORTS 1. INVESTMENT REPORT - June 30, 2015 (Receive/File) HUMAN RESOURCES 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 24,175 AND ESTABLISHING THE HOLIDAY SCHEDULE FOR CITY EMPLOYEES FOR FISCAL YEAR 2015 2016 END CONSENT AGENDA -2- City Council Agenda Tuesday, September 01, 2015 REGULAR AGENDA REPORTS OF OFFICERS, BOARDS, COMMISSIONS AND COMMITTEES AND CITY COUNCIL CITY MANAGER'S REPORT 3. A REQUEST TO SCHEDULE A PUBLIC HEARING TO ADOPT A RESOLUTION INCREASING THE BUILDING AND SAFETY DEPARTMENT PERMIT AND INSPECTION FEES (September 22, 2015 at 6:00 PM) 4. REQUEST TO APPOINT INDEPENDENT LEGAL COUNSEL REPORTING DIRECTLY TO CITY COUNCIL (Action Item) CITY ATTORNEY'S REPORTS CLOSED SESSION 5. CONFERENCE WITH LEGAL COUNSEL - EXISTING LITIGATION Thompson v. City of Compton, et al., LASC Case No. BC578299 Pursuant to California Government Code Section 54956.9(a) CONFERENCE WITH LEGAL COUNSEL - ANTICIPATED LITIGATION One (1) Potential Case Pursuant to California Government code Section 54956.9(b) UNFINISHED BUSINESS NEW BUSINESS 6. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH EVAN BROOKS ASSOCIATES FOR A SPEED ZONE STUDY OF STREETS WITH ENGINEERED SPEED CONTROLS ($40,000) 7. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH WILLIE FORGE TO OPERATE THE COMPTON PAR 3 GOLF COURSE AND LEASE THE COURSE PRO SHOP AND SNACK BAR FOR FISCAL YEAR 2015-2016 8. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE FISCAL YEARS 20152016 AND 2016-2017 -3- City Council Agenda Tuesday, September 01, 2015 9. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A SALES AND MULTI-YEAR MAINTENANCE AGREEMENT WITH HEIDELBERG USA, INC. FOR THE PURCHASE OF A SUPRASETTER A52 GEN III PLATE MAKER PROCESSOR ($156,146.23) 10. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO PURCHASE A CERTIFIED HEIDELBERG 10X15 PRINTING PRESS FROM AND ISSUE A PURCHASE ORDER TO APEX BUSINESS MACHINE SUPPLIES IN THE AMOUNT OF $93,800.00 11. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO EXECUTE ALL MATTERS RELATING TO THE STATE OF CALIFORNIA ACTIVE TRANSPORATION PROGRAM CYCLE I GRANT PROJECT AND REQUEST FOR PAYMENT NECESSARY TO SECURE GRANT FUNDS THERETO WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION 12. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 24,145 AND APPROVE AN AMENDMENT TO THE POSITION CLASSIFICATION PLAN REVISING THE CLASSIFICATION SPECIFICATIONS FOR HUMAN RESOURCES SPECIALIST, HUMAN RESOURCES ANALYST AND DIRECTOR OF COMMUNITY DEVELOPMENT 13. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ESTABLISHING SALARY RANGES AND FRINGE BENEFITS FOR EMPLOYEES IN UNREPRESENTED CLASSIFICATIONS 14. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON URGING THE GOVERNOR AND LEGISLATURE TO PROVIDE NEW SUSTAINABLE FUNDING FOR STATE AND LOCAL TRANSPORTATION INFRASTRUCTURE IN THE GOVERNOR'S SPECIAL SESSION 15. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO AMEND THE PROFESSIONAL SERVICE AGREEMENT WITH IMS CONSULTANTS FOR ADDITIONAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE STREET REHABILITATION PROJECT (CDBG #13-02) AND ISSUE A PURCHASE ORDER IN THE AMOUNT OF $136,886.30 16. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA BOARD OF EQUALIZATION FOR THE COLLECTION OF UTILITY USERS TAX ON PREPAID WIRELESS TELEPHONY -4- 17. City Council Agenda Tuesday, September 01, 2015 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER AND MUNISERVICES, LLC TO EXAMINE PREPAID MOBILE TELEPHONY SERVICES SURCHARGE AND LOCAL CHARGE RECORDS FOR THE PURPOSE OF CONFIRMING THE PROPER REMITTANCE OF CHARGES BY RETAILERS. APPROVAL OF WARRANTS COUNCIL COMMENTS ADJOURNMENT NEXT REGULAR MEETING: Tuesday, September 08, 2015 @ 5:45 PM. Visit our website at http://www.comptoncity.org View Meetings Live at mms://livemedia.comptoncity.org:8080 DATE: SEPT 01, 2015 TO: MAYOR AND COUNCIL MEMBERS FROM: CITY TREASURER SUBJECT: INVESTMENT REPORT IN ORDER TO COMPLY WITH STATE LAW AND THE CITY’S INVESTMENT POLICY, THE ATTACHED REPORT ACCURATELY REFLECTS ALL POOLED INVESTMENTS HELD ON BEHALF OF THE CITY AND SUCCESSOR AGENCY AS OF JUNE 30, 2015. DOUGLAS SANDERS CITY TREASURER City Treasurer’s Investment Report JUNE 30, 2015 This report reflects all pooled investments in conformity with the investment policy adopted by the City Council Gov Code 53646(b) (3)). The monthly investment report must state the ability of the agency to meet its expenditure requirements for the next six months or provide an explanation as to why sufficient cash funds may or may not be available. The investment program should provide sufficient cash to meet six months of estimated expenditures; there should be sufficient cash available. In July 2014 the City completed another TRAN’s transaction of approximately $12 million with the balance due in June 2015. As of June 30, 2015 the City had an estimated total in the General City Bank account plus LAIF accounts of $18.1 million. At the time of this report approximately $2.1 million in outstanding warrants was to be paid to vendors. Our PERS balance is approximately $7.4 million as of the date of this report. Interest rates continue to be very low due to the Fed Fund rate being below ¼ of 1% or .25%. In previous Fed meetings they stated to continue to keep the fed rates below ¼ of 1%, however there could be a rate increase by the end of the year. The City of Compton’s next property tax revenue is in December of this fiscal year 2015/2016. The City received on May 20,2015 property Tax revenue of approximately net $2.38 million and $5.7 million going toward the TRANs payment. The approximate TRANS balance to draw funds from is just below $200K; therefore, the remainder of this fiscal year’s LA SHERIFF’s payments will come from the general fund. Also early in the next fiscal year the City will have major Bond payments in August and September 2015. Management will be looking at another possible TRANs transaction for the fiscal year 2015/2016. Over the last 4 years, our City continues in meeting its obligations to the vendors on payments, due to the combined efforts of Management, The City Controller’s office, as well as The Treasurer’s office, contributing to the success of our City. The pricing of securities is done by Union Bank and Interactive Data Services. Moody Investor Service rates the State Pool Accounts AAA. FUND # 101 1001 1520 2000 4000 2100 1203 9203 1001 2820 2754-84-85 2805 2818 1022 5116 6400 CITY OF COMPTON BANK ACCOUNT BALANCES AS OF JUNE 30, 2015 NAME OF ACCOUNT BANK NAME PAYROLL GENERAL CITY ACCOUNT MEASURE R PROP A SA GENERAL PERS SA LOW COST HOUSING PUBLIC FINANCE AUTHORITY COC - REGIONAL PARK COC - FAMILY SELF SUFFICIENCY JTPA - CAREERLINK HOME LOAN PROGRAM SECTION 108 - HUD FUND POLICE DRUG PROPERTY FORFEITURE BOND SEWER CONSTRUCTION FUND LIABILITY WELLS FARGO BANK BANK OF THE WEST BANK OF THE WEST BANK OF THE WEST BANK OF THE WEST BANK OF THE WEST BANK OF THE WEST BANK OF THE WEST BANK OF THE WEST BANK OF THE WEST BANK OF THE WEST BANK OF THE WEST BANK OF THE WEST BANK OF THE WEST BANK OF THE WEST BANK OF THE WEST BALANCE 1,341,248.90 8,139,929.66 219,864.65 272,329.66 7,822,026.68 20,431.62 0.00 179,145.40 963.80 401,222.12 278,139.83 749,079.27 2,383,417.98 3,184.06 8,328.40 146,227.50 FUND # 1001 1900 6300 2820 1001 1061 1001 1001 CITY OF COMPTON BANK ACCOUNT BALANCES AS OF JUNE 30, 2015 NAME OF ACCOUNT BANK NAME COC - CHANGE FUND PROP C WORKERS COMP HOUSING AUTHORITY EMERGENCY MEDICAL SERVICES COC COPS GRANT WEED AND SEED COC PARKING VIOLATIONS COC UTILITIES BILLINGS . BANK OF THE WEST BANK OF THE WEST BANK OF THE WEST BANK OF THE WEST BANK OF THE WEST BANK OF THE WEST BANK OF THE WEST BANK OF THE WEST BALANCE 176.00 211,762.87 114,714.00 1,530,506.94 470,558.64 4,008.29 155,964.15 904,198.46 September 1, 2015 TO: MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 24,175 AND ESTABLISHING THE HOLIDAY SCHEDULE FOR CITY EMPLOYEES FOR FISCAL YEAR 2015-2016 SUMMARY The purpose of this resolution is to rescind Resolution No. 24,175 for reasons specified below and adopt another resolution for purposes of establishing the holiday schedule for City employees for Fiscal Year 2015-2016. This resolution includes eligibility, accrual, use and carryover of established holidays. BACKGROUND In accordance with City of Compton Personnel Rules and Regulations, Rule 7.5A, City employees shall receive time off with pay on legal holidays as designated by the City Council. Full-time regular and probationary employees are eligible for full holiday pay and permanent part-time employees receive holiday pay for one-half of the scheduled holiday. When a holiday falls on Sunday, the following Monday shall be observed, and when a holiday falls on a Saturday, the preceding Friday shall be observed. On June 23, 2015, the City Council adopted Resolution No. 24,175, which established City employees’ holiday schedule for Fiscal Year 2015-2016, however, several revisions are needed in that the date for celebration of Cesar Chavez’ birthday (Section 1 of Resolution No. 24,175) is incorrect and Section 7 of Resolution No. 24,175 (providing personal leave days during the Christmas holiday) is not applicable in that such leave time was not agreed to within the Memorandums of Agreement with the various employee bargaining units. Thus, Resolution No. 24,175 should be rescinded and replaced by the attached resolution. STATEMENT OF FACT There is a need for the City Council to rescind Resolution No. 24,175 for the reasons stated above and adopt another resolution establishing the holiday schedule for City employees for Fiscal Year 2015-2016. Staff Report – Resolution Rescinding Resolution No. 24,175 Adopting Holiday Schedule for FY 2015-2016 September 1, 2015, page 2 FISCAL IMPACT Establishment of the employee holiday schedule is not anticipated to have a financial impact. RECOMMENDATION It is recommended that the City Council adopt the attached Resolution establishing the Holiday Schedule for City employees for Fiscal Year 2015-2016. JOHNNY FORD CITY MANAGER RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 24,175 AND ESTABLISHING THE HOLIDAY SCHEDULE FOR CITY EMPLOYEES FOR FISCAL YEAR 20152016 WHEREAS, Rule 7.5A of the City of Compton Personnel Rules and Regulations establishes provisions for granting legal holidays for City employees; and WHEREAS, there is a need for the City to post a holiday schedule for each fiscal year identifying the dates on which City offices will be closed; and WHEREAS, on June 23, 2015, the City Council adopted Resolution No. 24,175, which established City employees’ holiday schedule for Fiscal Year 20152016, however, several revisions are needed in that the date for celebration of Cesar Chavez’ birthday is incorrect and Section 7 of Resolution No. 24,175 is not applicable in that such leave time was not agreed to within the Memorandums of Agreement with the various employee bargaining units. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That Resolution No. 24, 175, adopted by the City Council on June 23, 2015, is hereby rescinded. Section 2. That the following holidays are hereby established as legal holidays for City employees, as set forth herein: HOLIDAY DATE HOLIDAY OBSERVED Independence Day July 4, 2015 */** (Saturday) Labor Day September 7, 2015 (Monday) Admission’s Day Floating Holiday Veteran’s Day November 11, 2015 (Wednesday) Thanksgiving Day November 26, 2015 (Thursday) Friday After Thanksgiving November 27, 2015** (Friday) Christmas Day December 25, 2015** (Friday) New Year’s Day January 1, 2016** (Friday) Martin Luther King Jr.’s Birthday January 18, 2016 (Monday) Lincoln’s Birthday Floating Holiday Washington’s Birthday (President’s Day) February 15, 2016 (Monday) Cesar Chavez’ Birthday March 31, 2016 (Thursday) Cinco de Mayo May 5, 2016 (Thursday) Resolution No. _______ Page 2 Memorial Day May 30, 2016 (Monday) Employee’s Birthday Floating Holiday *According to Personnel Rule 7.5A, when a holiday falls on a Saturday, the preceding Friday shall be observed. **Employees impacted by the 10/40 Alternative Work Schedule will use this day as a floating holiday. Section 3. That employees that have unused Fiscal Year 2014-2015 floating holidays shall be allowed to extend the utilization of such floating holidays through December 31, 2015. Such extension shall apply through December 31, 2015 only and shall be nonrecurring. Section 4. That the Birthday Holiday must be used within one year in which the birthday falls. Section 5. That this holiday schedule is not applicable to sworn 56-hour Fire Suppression personnel who are eligible for compensation in lieu of holidays, with the exception of the Fire Chief, Deputy Fire Chief and any 40-hour Fire Battalion Chiefs. Section 6. That employees whose birthdays, vacation or compensatory time off with pay falls on one of the holidays referenced above shall be entitled to another day off in accordance with the procedure established by their Department for use of paid leave benefits. Section 7. That floating holidays accrued during Fiscal Year 2015-2016, except the Employee’s Birthday, must be utilized by June 30, 2016. Section 8. That this holiday schedule is effective July 1, 2015 and shall continue to be observed as set forth in this Resolution, unless otherwise revised by the City Council. Section 9. That a certified copy of this Resolution shall be forwarded to each City department and agency. Section 10. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution. ADOPTED this ____ day of ___________, 2015. ________________________________ MAYOR OF THE CITY OF COMPTON ATTEST: ____________________________________ CITY CLERK OF THE CITY OF COMPTON STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON: ss Resolution No. _______ Page 3 I, Alita Godwin, the City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor and attested to by the City Clerk at a regular meeting thereof held on the ____ day of _______________, 2015. That said Resolution was adopted by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERS- ____________________________________ CITY CLERK OF THE CITY OF COMPTON RESOLUTION SIGN-OFF FORM DEPARTMENT: Human Resources RESOLUTION TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 24,175 AND ESTABLISHING THE HOLIDAY SCHEDULE FOR CITY EMPLOYEES FOR FISCAL YEAR 2015 - 2016 Kareemah Bradford 7/22/2015 2:28:18 PM DEPARTMENT MANAGER’S SIGNATURE DATE REVIEW / APPROVAL Ruth Rugley 8/23/2015 10:02:55 AM CITY ATTORNEY DATE Stephen Ajobiewe 7/23/2015 11:54:18 AM CITY CONTROLLER DATE Johnny Ford 7/22/2015 6:32:43 PM CITY MANAGER DATE Use when: Public Works: When contracting for Engineering Services. City Attorney: When contracting for legal services; contracts that require City Attorney’s review. Controller/Budget Officer: Amending Budget; appropriating and/or transferring funds; adding and/or deleting positions; any resolution having account numbers. Asst. City Manager/OAS: All personnel actions. September 1, 2015 TO: MAYOR AND COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: A REQUEST TO SCHEDULE A PUBLIC HEARING TO ADOPT A RESOLUTION INCREASING THE BUILDING AND SAFETY DEPARTMENT PERMIT AND INSPECTION FEES The Community Development Department and the Building and Safety Department are proposing an increase in the fees for building permits and inspection services and therefore are requesting that a public hearing be scheduled for this matter for Tuesday, September 22, 2015 at 6:00 p.m. STEVEN MASURA COMMUNITY DEVELOPMENT DIRECTOR JOHNNY FORD CITY MANAGER September 1, 2015 TO: MAYOR AND CITY COUNCIL MEMBERS FROM: GLEN W. C. KAU, P.E., DIRECTOR PUBLIC WORKS/MUNICIPAL UTILITIES SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH EVAN BROOKS ASSOCIATES FOR A SPEED ZONE STUDY OF STREETS WITH ENGINEERED SPEED CONTROLS ($40,000) SUMMARY Adoption of the attached resolution will accept the proposal of and authorize the City Manager to enter into a professional services agreement with Evan Books Associates (“EBA”) for a speed zone study of streets with engineered speed controls and authorize the issuance of a purchase order in the not-to-exceed amount of $40,000.00. BACKGROUND Sections 40800 through 40808 of the California Vehicle Code require local agencies to conduct a new speed zone study of streets with engineered speed controls every 5 years. Cities that fail to conduct a speed zone study are not allowed to use radar to enforce speed limits on streets with engineered speed controls. The City of Compton last performed a speed zone study in 2010. A list of streets with engineered speed controls is attached. This study will be outdated soon, thus a new study needs to be performed. To comply with Vehicle Code requirements, the Public Works/Municipal Utilities Department needs the services of a qualified and experienced engineering firm to perform a speed zone study of streets with engineered speed controls. STATEMENT OF ISSUE Staff solicited proposals to provide the needed services from a number of engineering firms: Psomas (Los Angeles), Penco Engineering, Inc. (Irvine) and Evan Brooks Associates (Pasadena). Evan Brooks Associates was the only firm to submit a proposal, which was reviewed by staff on the basis of completeness of proposal, quality of previous work performed, understanding of the projects scope of work, experience of project team, references and proposed work schedule. EBA’s proposal met the evaluation criteria and has provided satisfactory services to the City in the past and current fiscal year on other public work projects, thus staff recommends that they be awarded the contract for the preparation of the speed zone study. Staff Report – Resolution Authorizing Agreement Evan Brooks Associates/Speed Zone Study September 1, 2015, page 2 FISCAL IMPACT The funds will be paid from Prop C funds available in Account No. 1900 710 000 4269. ALTERNATIVE No alternative is recommended. RECOMMENDATION Staff recommends that the City Council adopt the attached Resolution. GLEN W. C. KAU, P.E., DIRECTOR PUBLIC WORKS/MUNICIPAL UTILITIES DEPARTMENT APPROVED FOR FORWARDING: JOHNNY FORD CITY MANAGER Attachments: Consultant Proposal Resolution Proposed Professional Services Agreement 70 Street Segments RESOLUTION NO._________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH EVAN BROOKS ASSOCIATES FOR A SPEED ZONE STUDY OF STREETS WITH ENGINEERED SPEED CONTROLS ($40,000) WHEREAS, Sections 40800 through 40808 of the California Vehicle Code require local agencies to conduct a new speed zone study of streets with engineered speed controls every 5 years; and WHEREAS, cities that fail to conduct a speed zone study are not allowed to use radar to enforce speed limits on streets with engineered speed controls; and WHEREAS, the City of Compton last performed a speed zone study in 2010, which will be outdated soon, thus a new study needs to be performed; and WHEREAS, to comply with Vehicle Code requirements, the Public Works/Municipal Utilities Department needs the services of a qualified and experienced engineering firm to perform a speed zone study of streets with engineered speed controls; and WHEREAS, staff received a proposal from Evan Brooks Associates (“EBA”), which was reviewed by staff on the basis of completeness of proposal, quality of previous work performed, understanding of the projects scope of work, experience of project team, references and proposed work schedule and EBA’s proposal met the evaluation criteria, thus, staff recommends that they be awarded the contract for the preparation of the speed zone; and WHEREAS, funds for this expenditure are available in the 2014-2015 Fiscal Year budget. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Manager, on the advice and approval of the City Attorney is hereby authorized to enter into a professional services agreement with Evan Brooks Associates to perform a speed zone study of streets with engineered speed controls in a not-to-exceed amount of Forty Thousand Dollars and Zero Cents ($40,000.00). SECTION 2. That funds for this expenditure are available in the 2014-2015 Fiscal Year budget in Account No. 1900 710 000 4269. SECTION 3. That a purchase order is authorized to be issued in an amount of Forty Thousand Dollars ($40,000.00). SECTION 4. That a certified copy of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney and the Public Works/Municipal Utilities Department. SECTION 5. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution. ADOPTED this ______ day of ________________, 2015. ________________________________ MAYOR OF THE CITY OF COMPTON Resolution No. ______ Page 2 ATTEST: _____________________________________ CITY CLERK OF THE CITY OF COMPTON STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON } } ss } I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor, and attested by the City Clerk at a regular meeting thereof held on the ____ day of ____________, 2015. That said Resolution was adopted by the following vote: AYES: NOES: ABSENT: ABSTAINS: COUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERS- _____________________________________ CITY CLERK OF THE CITY OF COMPTON PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF COMPTON AND EVAN BROOKS ASSOCIATES This AGREEMENT is entered by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as “CITY”) located at 205 South Willowbrook Avenue, Compton, California 90220, and EVAN BROOKS ASSOCIATES (hereinafter referred to as “CONSULTANT”), located at 1030 South Arroyo Parkway, Suite 204 Pasadena, Ca. 91105. RECITALS: WHEREAS, Sections 40800 through 40808 of the California Vehicle Code requires local agencies to conduct a new speed zone study of streets with engineered speed controls every five (5) years; and WHEREAS, the City last performed a speed zone study in 2010, which will soon be outdated, thus a new study needs to be performed; and WHEREAS, the City has determined that it will be prudent to engage the services of a professional and experienced engineering firm to perform a speed zone study of streets with engineered speed controls; and WHEREAS, by Resolution No. ______, adopted on the _____ of ______ 2015, the City Council authorized the City Manager to accept the proposal of the Consultant (Evans Brooks Associates) and enter into a contract to provide the necessary services; and WHEREAS, Consultant warrants that it is specifically trained, experienced, competent, and has the resources to provide such services which will be required by this project; and WHEREAS, Consultant is willing to render such professional services subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, Consultant and City, for the consideration, terms and conditions herein described, mutually agree as follows: AGREEMENT: 1. Services to be rendered by Consultant. It is the mutual understanding of the parties that the Consultant shall perform and be responsible for preparing traffic engineering and traffic survey reporting for selected streets within the City in order to establish updated speed limits that can be enforced using radar. The scope of services to be provided includes, but may not be limited to completion of the following tasks and deliverables: Task 1 – Project Initiation Task 2 – Data Collection and Field Review Professional Services Agreement – Evans Brooks Associates Preparation of City-wide Speed Survey and Traffic Counts Public Works/Resolution No. _____ Task 3 – Data Analysis Task 4 - Report Deliverables: Four (4) copies of Draft Report of survey and recommendations; Six (6) bound copies of Final Report; Original field data sheets, including full-sized Speed Limits Maps attached to draft and final reports. As more fully described in Consultant’s “Service Proposal – Traffic Engineering Services for a Citywide Speed Survey and Traffic Counts,” dated February 23, 2015, which is attached hereto and incorporated by this reference herein. Consultant acknowledges that in entering into this Agreement the City is relying on Consultant's special skills and experience to do and perform the services in accordance with best standards of professional practice. While performing the Services, Consultant agrees to perform all the said work and furnish all the necessary materials at its own cost and expense necessary to complete said services in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing under similar circumstances and to the reasonable satisfaction of the City. Consultant services hereunder shall be performed in good, workmanlike and professional manner. Consultant shall be responsible for correcting and completing all errors and omissions related to the services provided by the Consultant for this Agreement at no additional cost to the City. “Errors” and “Omissions” for purposes of this paragraph are defined to mean a failure by the Consultant to meet the standards of its profession as set forth in the preceding paragraph. The acceptance of the services by City does not release Consultant from these obligations. Consultant will be responsible for employing or engaging all persons necessary to perform the services. All of Consultant's staff will be qualified by training and experience to perform their assigned tasks. Consultant will give its personal attention to the fulfillment of the provisions of this Agreement by all of its employees and subcontractors, if any, and will keep the services under its control. On demand of City, if any employee or subcontractor of Consultant fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, he or she will be discharged immediately from the services. Hal Suetsugu, Vice President of Consultant, shall be primarily responsible for representing Consultant in performance of this Agreement. 2. Duration of Contract. Consultant agrees to commence the services provided for herein within ten (10) days after Consultant has received written Notification to Proceed from the City and to continue in a diligent and professional manner until the project is complete, unless terminated earlier. The parties anticipate that Consultant’s services will be completed within three (3) months after commencement. Consultant will generally adhere to the schedule set forth within Consultant’s Proposal provided that City will grant reasonable extensions of time for the performance of the services occasioned by unusually lengthy governmental reviews of Consultant’s work product or other unavoidable delays occasioned by unforeseen circumstances; provided, further, that such 2 Professional Services Agreement – Evans Brooks Associates Preparation of City-wide Speed Survey and Traffic Counts Public Works/Resolution No. _____ unavoidable delay will not include strikes, lockouts, work stoppages, or other labor disturbances conducted by, or on behalf of, Consultant’s officers or employees. Consultant acknowledges the importance to City of the project schedule and agrees to put forth its best professional efforts to perform the services in a manner consistent with that schedule. City understands, however, that Consultant’s performance must be governed by sound practices. Consultant will work such overtime or engage such personnel and equipment as necessary to maintain the schedule, without additional compensation. 3. Compensation. The method of payment for this Contract will be on a fee-forservices basis, which includes hours for work tasks, project management, radar survey, ADT counts, engineering, analysis and coordination services, as specified within Consultant’s “Cost Proposal” included within Consultant’s incorporated Proposal. The total price paid the Consultant will include compensation for all work, including travel, materials, supplies, vendor services, expenses and subcontracted work. No additional compensation will be paid to the Consultant, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total compensation will be negotiated between the Consultant and the City. Adjustment in the total compensation will not be effective until authorized and approved in writing by the City. Progress payments may be made in arrears based on the percentage of work and deliverables completed by the Consultant. If Consultant fails to submit the required deliverable items according to schedule or as required by the Agreement, except for those amounts that are due and not reasonably in dispute, the City shall have the right to delay payment and/or terminate this Agreement in accordance with the provisions noted herein. Consultant shall be reimbursed within thirty (30) days, or as promptly as fiscal procedures may permit, upon receipt by the City of itemized invoices for services completed. Invoices shall be submitted no later than 45 calendar days after the performance of work for which the Consultant is billing. Invoices shall detail the work performed on each task as applicable. Invoices shall be delivered or mailed to the Director of Public Works/Municipal Utilities Department at the following address: City of Compton, 205 South Willowbrook Avenue, Compton, California 90220. As full and complete compensation for performance of all the services agreed to be performed by the Consultant pursuant to this Agreement, City shall pay, and Consultant agrees to accept, a not-to-exceed maximum sum of Forty Thousand Dollars ($40,000.00). In the event of termination, the Consultant shall be entitled to compensation for the undisputed reasonable value of services performed to the effective date of termination, including any noncancellable obligations incurred prior to termination; provided, however, that the City may condition payment of such compensation upon the Consultant’s delivery to the City of any and all City property, documents, reports, records, materials and work product associated with the performance of this Agreement. 4. Ownership of Materials. All product produced by Consultant or its agents, employees, and subcontractors pursuant to this Agreement (the “Work Product”) is the property of City. In the event this Agreement is terminated, all Work Product produced by Consultant or its agents, employees and subcontractors pursuant to this Agreement will be delivered to City pursuant to the termination clause of this Agreement. Consultant will have the right to make one (1) copy of the Work Product for Consultant’s records. 3 Professional Services Agreement – Evans Brooks Associates Preparation of City-wide Speed Survey and Traffic Counts Public Works/Resolution No. _____ The Work Product may be used by City and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes City may deem advisable, without further employment of or payment of any compensation to Consultant; provided, however, that if this Agreement is terminated for any reason prior to completion of the Project and if under such circumstances City uses, or engages the services of and directs another consultant to use, the Work Product, City agrees to hold Consultant harmless from any and all liability, costs, and expenses relative to claims arising out of matters and/or events which occur subsequent to the termination of this Agreement as a result of causes other than the fault or negligence of Consultant, or anyone for whose acts it is responsible, in preparation of the Work Product. Consultant will not be responsible for deficiencies solely attributable to modifications of the Work Product performed by others, or that arise from use of the Documents in connection with a project or site other than that shown in the Work Product. 5. Independent Contractor Status. Consultant, its officers, employees, subconsultants, subcontractors, agents and volunteers (collectively hereinafter the “Consultant”), will perform the services in Consultant's own way and pursuant to this Agreement as an independent contractor and in pursuit of Consultant's independent calling, and not as an employee of City. The persons used by Consultant to provide the services under this Agreement will not be considered employees of City for any purposes. Neither the City nor any of its officers, employees, agents or volunteers shall have any control over the conduct of the Consultant, except as expressly set forth in this Agreement. Consultant expressly warrants that while engaged in carrying out and complying with any terms and conditions of this Agreement that Consultant shall not at any time or in any manner, represent that Consultant is in any manner officers, employees, agents or volunteers of the City. Consultant shall obtain no rights to retirement, health care or any other benefit that accrue to City officials, officers, or employees. Consultant expressly waives any claim to such rights. The payment made to Consultant pursuant to the Agreement will be the full and complete compensation to which Consultant is entitled. City will not make any federal or state tax withholdings on behalf of Consultant or its agents, employees or subcontractors. City will not pay any workers' compensation insurance, retirement contributions or unemployment contributions on behalf of Consultant or its employees or subcontractors. Consultant agrees to indemnify and pay City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Consultant or any agent, employee, or contractor of Consultant for work done under this Agreement. At the City’s election, City may deduct the amounts paid pursuant to this Section, from any balance owing to Consultant. 6. Successors, Assignment and Delegation. City and the Consultant each binds themselves, their partners, successors, assigns and legal representatives to the other hereto and to partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in this Agreement. The expertise and experience of Consultant are material considerations for this Agreement. Consultant shall not assign or transfer any interest in this Agreement or the performance of any of Consultant’s obligations under this Agreement without the prior written consent of the City. Any attempted assignment or transfer of any of Consultant’s rights, duties or obligations arising under this Agreement shall be null and void. 4 Professional Services Agreement – Evans Brooks Associates Preparation of City-wide Speed Survey and Traffic Counts Public Works/Resolution No. _____ 7. Nondiscriminatory Employment Practices. During the performance of this Agreement, the Consultant agrees not to discriminate against any employee or applicant for employment because of race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. Consultant will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color, religion, age, sexual orientation, marital status, national origin, political affiliation, handicap or belief in accordance with requirements of City, State or Federal laws and regulations. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Consultant agrees to post in conspicuous places, available to employees, applicants and subcontractors for employment, notices setting forth the provisions of this nondiscrimination clause. In the event of the Consultant’s non-compliance with the non-discrimination clause of this Agreement, this Agreement may be immediately canceled, terminated or suspended in whole or in part. 8. Subcontracting. Consultant's services are unique and personal. Except as may be specified in Consultant’s Proposal and agreed to by the City, Consultant will not subcontract any portion of the services without prior written approval of City Manager or his/her designee. If Consultant subcontracts any of the services, Consultant will be fully responsible to City for the acts, errors and omissions of Consultant's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Consultant is for the acts and omissions of persons directly employed by Consultant. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Consultant and City. Consultant will be responsible for payment of subcontractors. Consultant will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Consultant's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 9. Other Consultants. The City reserves the right to employ other consultants in connection with the services. 10. Indemnification. Consultant shall indemnify and save harmless the City, its officials, officers, employees, agents and volunteers (collectively hereinafter the “City”), against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the City and shall indemnify and save the City from any and all liability and expense including reimbursement of reasonable defense costs and legal fees, and claims, demands, suits, actions or proceedings of any kind or nature, including Workers’ Compensation claims, of or by anyone whomsoever to the extent resulting from or arising out of the negligent, reckless or willful misconduct for the Consultant, its officers, employees, subconsultants, subcontractors or agents in the performance of the duties undertaken by Consultant pursuant to this Agreement. This indemnification and hold harmless obligation does not extend to claims arising out of the negligence or willful misconduct of the City. 5 Professional Services Agreement – Evans Brooks Associates Preparation of City-wide Speed Survey and Traffic Counts Public Works/Resolution No. _____ 11. Insurance. Without limiting the Consultant’s indemnification of the City, Consultant shall obtain and maintain, at its cost and expense, for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Consultant or Consultant’s agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. Such evidence shall specifically identify this Agreement and shall contain express conditions that the City is to be given written notice at least thirty (30) days in advance of any termination or implementation of a reduction of limits or material change of insurance coverage as specified herein. Failure on the part of the Consultant to procure or maintain insurance shall constitute a material breach upon which the City may immediately terminate this Agreement. All insurance required hereunder shall be primary with respect to any insurance maintained by the City. Coverages and Limits. Consultant will maintain the types of coverages and minimum limits indicated below, unless the Risk Manager or City Manager, in consultation with the City Attorney approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Consultant's indemnification obligations under this Agreement. City, its officers, agents, volunteers and employees make no representation that the limits of the insurance specified to be carried by Consultant pursuant to this Agreement are adequate to protect Consultant. The coverage will contain no special limitations on the scope of its protection to the below-designated insured’s except for Workers Compensation and errors and omissions insurance. Consultant will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. If Consultant believes that any required insurance coverage is inadequate, Consultant will obtain such additional insurance coverage, as Consultant deems adequate, at Consultant's sole expense. 11.1 Commercial General Liability Insurance. $1,000,000 combined singlelimit per occurrence for bodily injury, personal injury, property damage and contractual liability. If the submitted policies contain aggregate limits, general aggregate limits shall apply separately to the work under this Agreement or the general aggregate shall be twice the required per occurrence limit. Claims-made coverage is not acceptable. 11.2 Commercial Automobile Liability. $1,000,000 combined single-limit per accident for bodily injury and property damage. Such insurance shall include coverage for all “owned”, “hired” and “non-owned” vehicles and equipment, or coverage for “any auto”. 11.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury and which specifically covers all persons providing services by or on behalf of the Consultant and all risks to such persons under the Agreement. Workers' Compensation and Employer's Liability insurance will not be required if Consultant has no employees and provides, to City's satisfaction, a declaration stating this. 11.4 Professional Liability. Errors and omissions liability appropriate to Consultant’s profession with limits of not less than $1,000,000 per claim. The coverage shall also provide an extended two (2) year reporting period commencing upon termination or cancellation of this Agreement. The coverage shall be written on a claims-made basis. 6 Professional Services Agreement – Evans Brooks Associates Preparation of City-wide Speed Survey and Traffic Counts Public Works/Resolution No. _____ Endorsements. For Commercial General Liability Insurance and Automobile Liability Insurance, Consultant will ensure that the policies are endorsed to name the “City of Compton and its respective elected and appointed officers, officials, employees, agents and volunteers” as “additional insured’s” with respect to liability arising out of the activities of the Consultant. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City. Prior to City's execution of this Agreement, Consultant shall furnish certificates of insurance and endorsements to City. Waiver of Subrogation. The policies shall contain a waiver of subrogation for the benefit of City. 12. Permits and Licenses. Consultant, at its own expense, during the term of this Agreement, shall obtain and maintain all appropriate business and professional permits, licenses and certificates that may be required in connection with the performance of services by the Consultant. Upon execution of this Agreement, the Consultant shall show evidence of a business license permit in conformance with Section 9-1.2 of the Compton Municipal Code. 13. Maintenance of Records. Consultant will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Consultant will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Consultant will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years, or longer if required by law, from the date of final payment under this Agreement. 14. Warranties. Consultant represents and warrants (i) that Consultant has no obligations, legal or otherwise, inconsistent with the terms of this Agreement or with Consultant’s undertaking this relationship with City, (ii) that the performance of the services called for by this Agreement do not and will not violate any applicable law, rule or regulation or any proprietary or other right of any third party, (iii) that Consultant will not use in the performance of his responsibilities under this Agreement any confidential information or trade secrets of any other person or entity and (iv) that Consultant has not knowingly entered into or will enter into any agreement (whether oral or written) in conflict with this Agreement. 15. Federal and State Withholding Taxes. Consultant shall be responsible for paying when due all federal and state income withholding taxes for all earning under this Agreement. Consultant agrees to indemnify City for any claims, costs, losses, fees, penalties, interest, or damages suffered by City resulting from Consultant’s failure to comply with this provision. 16. General Compliance with Laws. Consultant will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Consultant, or in any way affect the performance of the services by Consultant. Consultant will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of the services with all applicable laws, ordinances and regulations. In the event the Consultant encounters any conflict between such laws and ordinances, Consultant shall notify the City in writing and the parties agree to work cooperatively to resolve the conflict. 17. Termination. In the event of the Consultant's failure to prosecute, deliver, or perform the services, after giving written notice of default and two (2) days to correct the same, then, in addition to any other remedies, City may terminate this Agreement for nonperformance by 7 Professional Services Agreement – Evans Brooks Associates Preparation of City-wide Speed Survey and Traffic Counts Public Works/Resolution No. _____ notifying Consultant in writing. Consultant has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Consultant has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. In the event City elects to terminate, City will have the right to immediate possession of all Work Product and work in progress prepared by Consultant, whether located at the project site, at Consultant's place of business, or at the offices of a subconsultant. The City’s obligation is payable only from funds appropriated for the purpose of this Agreement. All funds for payments after the end of the current fiscal year are subject to the City’s legislative appropriation for this purpose. In the event this Agreement extends into succeeding fiscal year periods and the City Council does not allocate sufficient funds for the next succeeding fiscal year payments, this Agreement shall terminate immediately upon written notice from the City. Either Party, upon tendering fifteen (15) calendar days written notice to the other Party, may terminate this Agreement for convenience. In this event and upon request of City, Consultant will assemble the work product without charge and put it in order for proper filing and closing and deliver it to City. Consultant will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 18. Covenants Against Contingent Fees. Consultant warrants that Consultant has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this Agreement, and that Consultant has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to terminate this Agreement for nonperformance, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 19. Claims And Lawsuits. By signing this Agreement, Consultant agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Consultant acknowledges that if a false claim is submitted to City by Consultant, it may be considered fraud and Consultant may be subject to criminal prosecution. Consultant acknowledges that California Government Code sections 12650 et seq., the False Claims Act, applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Consultant acknowledges that the filing of a false claim may subject Consultant to an administrative debarment proceeding as the result of which Consultant may be prevented to act as a Consultant on any public work or improvement for a period of up to five (5) years. Consultant acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 8 Professional Services Agreement – Evans Brooks Associates Preparation of City-wide Speed Survey and Traffic Counts Public Works/Resolution No. _____ 20. Certifications. The Consultant, under penalty of perjury, certifies that, except as noted below, he/she or any other person associated therewith in the capacity of owner, partner, director, officer, manager: • • • • • • is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any Federal, State or local agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any Federal, State or local agency within the past 3 years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against he/she/it by a court of competent jurisdiction in any matter involving fraud or official misconduct in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) transaction or contract under a public transaction; violation of Federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property within the past 3 years; and are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in the preceding paragraph; and have not had one or more public transactions (Federal, State or local) terminated for cause or default within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. [Supply exceptions on separate page] For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. [Attach separate page] This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction. The above certifications are part of this contract. Signing this agreement on the signature portion thereof shall also constitute signature of the above Certifications. ______________________________________ Hal Suetsugu, Vice President ___________________ (Date) 21. Jurisdiction, Venue and Governing Law. Any action at law or in equity brought by either of the Parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of Los Angeles, State of California, and the Parties waive all provisions of law providing for a change of venue in these proceedings to any other county. This agreement will be governed by the laws of the State of California. 22. Testimony. Consultant will testify at City's request if litigation is brought against City in connection with Consultant's services under this agreement. Unless the action is brought by Consultant, or is based upon Consultant's actual or alleged negligence or other wrongdoing, City, upon prior written agreement with Consultant will compensate Consultant for time spent in 9 Professional Services Agreement – Evans Brooks Associates Preparation of City-wide Speed Survey and Traffic Counts Public Works/Resolution No. _____ preparation for testimony, testimony, and travel at Consultant's standard hourly rates at the time of actual testimony. 23. Waivers. The waiver by either Party of any breach or violation of any term, covenant, or condition of this Agreement or of any applicable law will not be deemed to be a waiver of such term, covenant, condition or law or of any subsequent breach or violation of same or of any other term, covenant, condition or law. The acceptance by either Party of any fee or other payment which may become due under this Agreement will not be deemed to be a waiver of any preceding breach or violation by the other Party of any term, covenant, or condition of this Agreement or any applicable law. 24. Authority. The individuals executing this Agreement and the instruments referenced in it on behalf of Consultant each represent and warrant that they have the legal power, right and actual authority to bind Consultant to the terms and conditions of this Agreement. 25. Severability. If any term, provision, condition or covenant of this Agreement or its application to any party or circumstances shall be held, to any extent, invalid or unenforceable, the remainder of this Agreement, or the application of the term, provision, condition or covenant to persons or circumstances other than those as to whom or which it is held invalid or unenforceable, shall not be affected, and shall be valid and enforceable to the fullest extent permitted by law. 26. Amendments. This Agreement may be modified or amended only be written document executed by both Consultant and City’s City Manager and approved as to form by the City Attorney. Such document shall expressly state that it is intended by the parties to amend the terms and conditions of this Agreement. 27. Confidentiality. All documents, reports, information, data, and exhibits prepared or assembled by Consultant in connection with the performance of the Services pursuant to the Agreement are confidential until released by the City to the public, and the Consultant will not make any of these documents or information available to any individual or organization not employed by the Consultant or the City without the written consent of the City before any such release. 28. Entire Agreement. This Agreement, together with any other written document referred to or contemplated by it embody the entire Agreement and understanding between the parties relating to the subject matter of it. The City Manager is authorized, in consultation with the City Attorney, to agree to non-material amendments to this Agreement. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 29. Notices. Any notices required or permitted under this Agreement shall be effective when delivered in person; and effective one (1) business day after delivery by facsimile transmission; and effective five (5) days after mailing by U.S. Mail, postage prepaid and properly addressed as follows: 10 Professional Services Agreement – Evans Brooks Associates Preparation of City-wide Speed Survey and Traffic Counts Public Works/Resolution No. _____ To Consultant: Evan Brooks Associates 1030 Arroyo Parkway Suite 204 Pasadena, CA. 91105 Attn: Hal Suetsugu, Vice President (626) 799-8011 (888) 832-8798 – fax. To City: City of Compton 205 South Willowbrook Avenue Compton, California 90220 Attn: Director, Community Development (310) 605-5532 (310) 761-1488 – fax. Copy to: City of Compton 205 South Willowbrook Avenue Compton, California 90220 Attn: City Manager 30. Miscellaneous. No provision of this Agreement is to be interpreted for or against either party because that party or that party’s legal representative drafted such provision. Should either party hereto, or any representative, successor or assign of either party hereto, resort to litigation to enforce the provisions of this Agreement, the party or parties prevailing in such litigation shall be entitled, in addition to such other relief as may be granted, to recover its or their reasonable attorney’s fees and costs in such litigation from the party or parties against whom enforcement is sought. IN WITNESS WHEREOF, CONSULTANT has executed this Agreement, and the CITY, by its City Manager, who is authorized to do so, has executed this Agreement. EVAN BROOKS ASSOCIATES CONSULTANT Dated: _______________ By ___________________________________ Hal Suetsugu, Vice President CITY OF COMPTON Recommended for Approval: By __________________________________ Glen K.C. Kau, P.E., Director Public Works/Municipal Utilities Department 11 Dated: ______________ Professional Services Agreement – Evans Brooks Associates Preparation of City-wide Speed Survey and Traffic Counts Public Works/Resolution No. _____ Approved by: Dated: _______________ By _________________________________ Johnny Ford, City Manager Approved as to form: By _________________________________ Craig J. Cornwell, City Attorney Dated: ______________ ATTEST: Dated: _______________ By __________________________________ Alita Godwin, City Clerk 12 RESOLUTION SIGN-OFF FORM DEPARTMENT: Public Works-Engineering RESOLUTION TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A PROFESSIONAL SERVICES AGREEMENT WITH EVAN BROOKS ASSOCIATES FOR A SPEED ZONE STUDY OF STREETS WITH ENGINEERED SPEED CONTROLS ($40,000) Glen Kau 8/18/2015 7:10:32 PM DEPARTMENT MANAGER’S SIGNATURE DATE REVIEW / APPROVAL Ruth Rugley 8/23/2015 10:43:14 AM CITY ATTORNEY DATE Stephen Ajobiewe 8/20/2015 11:19:43 AM CITY CONTROLLER DATE Johnny Ford 8/19/2015 4:00:56 PM CITY MANAGER DATE Use when: Public Works: When contracting for Engineering Services. City Attorney: When contracting for legal services; contracts that require City Attorney’s review. Controller/Budget Officer: Amending Budget; appropriating and/or transferring funds; adding and/or deleting positions; any resolution having account numbers. Asst. City Manager/OAS: All personnel actions. September 1, 2015 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: MARVIN C. HUNT, (INTERIM) DIRECTOR PARKS AND RECREATION DEPARTMENT SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH WILLIE FORGE TO OPERATE THE COMPTON PAR 3 GOLF COURSE AND LEASE THE COURSE PRO SHOP AND SNACK BAR FOR FISCAL YEAR 2015-2016 SUMMARY This resolution will authorize the City Manager to enter into a contract with Willie Forge to operate the Compton Par 3 Golf Course and lease the Pro Shop and Snack Bar for Fiscal Year 2015-2016. BACKGROUND The City owns and operates, for public recreational purposes, the Compton Par 3 Golf Course, Snack Bar and Pro Shop, located at 6400 East Compton Boulevard, City of Compton. In order to promote public use and enjoyment of said facility and to provide management of said facility, instruction in the game of golf, and in making available to the general public professional advice and consultation regarding the purchase and acquisition of golfing equipment and supplies, the City has, over the years, contracted with an experienced operator to provide these services. STATEMENT OF ISSUE The Parks and Recreation Department is responsible for the supervision, maintenance and operation of the Compton Par 3 Golf Course, Snack Bar and Pro Shop. Operation of a golf course requires expertise and experience which the staff does not possess. Thus, the City employs an operator who is capable of managing the facility full-time, in addition to providing professional advice and instruction in the game of golf. Pursuant to the City’s Standard Operating Manual, Policy 4.5, noncompetitive, negotiated or sole source procurement may occur when such usage is practical, justified and documented. Staff believes that the continued use of Mr. Forge’s services is practical and justified in that he created and has administered the course’s current management plan which has resulted in considerable upgrades to the course and more players desiring to play at the course. Staff Report – Resolution Authorizing Services/Lease Agreement – Compton Par 3 Golf Course (Willie Forge) September 1, 2015, page 2 Mr. Forge will be compensated for his management services of the golf course in the amount of $3,500.00 per month. He will pay to the City a monthly lease rate for use of the Pro Shop and Snack Bar of $100.00. It was discovered that Mr. Forge had failed to pay some of his monthly lease fees in prior contracted years, thus the City and Mr. Forge entered into a Settlement Agreement whereby he has agreed to pay said unpaid lease fees monthly until the outstanding debt is satisfied. To assure payment, the current monthly lease fee and unpaid prior monthly lease fees have been and will continue to be deducted from the monthly golf course operational fees due to Mr. Forge by the City. ALTENATIVE The Parks and Recreation Department does not employ the resources within its current staffing to operate the golf course. Should the City decline to adopt this resolution, it would result in closure of the golf course. FISCAL IMPACT The cost of the service contract for Fiscal Year 2015-2016 is $42,000.00 ($3,500 monthly), from which the $1,200.00 for monthly lease rental payments and $1,200.00 for prior fiscal years unpaid monthly lease fees shall be deducted. Funds are available in Account No. 5200 840 000 4269. RECOMMENDATION Staff recommends that adoption of the attached Resolution. MARVIN C. HUNT, (INTERIM) DIRECTOR PARKS AND RECREATION DEPARTMENT APPROVED FOR FORWARDING: JOHNNY FORD CITY MANAGER RESOLUTION NO.____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH WILLIE FORGE TO OPERATE THE COMPTON PAR 3 GOLFCOURSE AND LEASE THE COURSE PRO SHOP AND SNACK BAR FOR FISCAL YEAR 2015-2016 WHEREAS, the Parks and Recreation Department is responsible for the supervision, maintenance and operation of the Compton Par 3 Golf Course, Snack Bar and Pro Shop, located at 6400 East Compton Boulevard; and WHEREAS, operation of a golf course requires expertise and experience, which the staff does not possess, thus, the City employs an operator who is capable of managing the facility full-time, in addition to providing professional advice and instruction in the game of golf; and WHEREAS, staff believes that the continued use of Mr. Forge’s services is practical and justified in that he created and has administered the course’s current management plan which has resulted in considerable upgrades to the course and more players desiring to play at the course; and WHEREAS, the total cost of the service contract is $42,000.00, from which the $1,200.00 for monthly lease rental payments and $1,200.00 for prior fiscal years unpaid monthly lease fees shall be deducted; and WHEREAS, funds are available in Account No. 5200 840 000 4269 to pay the monthly cost of the service contract at $3,500.00 minus $200.00 for monthly lease rental payments and for prior fiscal years unpaid monthly lease fees. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the City Manager, upon the advice and approval of the City Attorney is authorized to enter into an agreement with Willie Forge (the “Operator”) to operate the Compton Par 3 Golf Course for Fiscal Year 2015-2016. Section 2. That the Operator shall be paid $3,500.00 per month to operate the Golf Course, funds for which are available from Account No. 5200 840 000 4269. Section 3. That the Operator shall pay lease rental fees to the City in the amount of $100.00 per month for use of the golf course Pro Shop and Snack Shop, which monthly rental amount shall be deducted from the Operator’s monthly fees for operation of the golf course. Section 4. That the Operator shall pay a monthly lease fee to the City in the amount of $100.00 for use of the Pro Shop and Snack Shop for prior unpaid monthly lease rental fees pursuant to that Settlement Agreement between the City and the Operator, which prior unpaid monthly rental amount shall be deducted from the Operator’s monthly fees for operation of the golf course. Section 5. That copies of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney, General Services and Parks and Recreation Department. Resolution No. _______ Page 2 Section 6. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution. ADOPTED this ___ day of ______________, 2015 ________________________________ MAYOR OF THE CITY OF COMPTON ATTEST: ____________________________________ CITY CLERK OF THE CITY OF COMPTON STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON: ss I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor, and attested by the City Clerk at a regular meeting thereof held on the ______ day of ______________, 2015. That said Resolution was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERS- ____________________________________ CITY CLERK OF THE CITY OF COMPTON 1 2 3 SERVICES AGREEMENT AND LEASE BETWEEN THE CITY OF COMPTON AND WILLIE FORGE 4 7 This Services Agreement and Lease is entered by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as “CITY”) located at 205 South Willowbrook Avenue, Compton, California 90220, and WILLIE FORGE, (hereinafter referred to as “OPERATOR”) located at 220 Magnolia Court, Compton, California 90220. 8 RECITALS: 9 WHEREAS, the CITY owns and operates, for public recreational purposes, the Compton Par 3 Golf Course, Snack Bar and Pro Shop, located at 6400 East Compton Boulevard, City of Compton, County of Los Angeles, State of California, under the supervision of the Parks and Recreation Department, herein referred as "Department"; and 5 6 10 11 12 13 14 15 16 17 18 19 20 21 22 WHEREAS, in order to promote public use and enjoyment of said facility and to provide management of said facility, instruction in the game of golf, and in making available to the general public professional advice and consultation regarding the purchase and acquisition of golfing equipment and supplies, CITY is desirous of contracting with an operator to provide these services on the terms and conditions stated herein and leasing the premises; and WHEREAS, OPERATOR warrants that he is specifically trained, experienced, competent and has the resources to provide such services which will be required by this Agreement; and WHEREAS, by Resolution No. _________, adopted on the ___ day of _____________ 2015, the City Council authorized the City Manager to enter into a contract with the OPERATOR to manage the facility, provide instruction on the game and otherwise provide advice and consultation to the public, in addition to lease and operate the Pro Shop and Snack Bar. NOW, THEREFORE, OPERATOR and CITY, for the consideration, terms and conditions herein described, mutually agree as follows: 1. Term of Services Agreement and Lease: The term of this Services Agreement and Lease shall extend from July 1, 2015 until June 30, 2016. 23 24 25 26 27 28 In case OPERATOR holds over beyond the term herein provided for the Lease with the consent, express or implied, of the CITY, the terms and conditions of the Lease shall continue in effect on a month-to-month basis, with each party having the right to terminate said Lease, with or without cause, on thirty (30) days written notice to the other party. 2. Leased Premises: CITY, for and in consideration of the payments of rents and the performance of the covenants contain herein specified, does hereby grant to OPERATOR the exclusive right to operate the City’s Par 3 Golf Course, Snack Bar and Pro shop (“Premises”), located at 6400 East Compton Boulevard, Compton, California. OPERATOR shall not use the above identified premises for any other purpose without the prior written consent of the CITY. 3. Scope of Services of OPERATOR: It is the mutual understanding of the parties that the OPERATOR shall perform and be responsible for rendering the following services: Perform as Golf Starter Advertise tournaments in all local news media in English and Spanish and mail the same to local businesses Promote Junior Golf for the City’s youth, both male and female Contact local schools and make presentations on the positive side of golf as a sport Provide free golf lessons for all beginners Provide a Golf Pro for golf clinics on a continuous basis Twice weekly, teach the fundamentals of golf to all interested parties Make periodic visits to other local golf courses in order to promote the Compton Par 3 Golf Course Make personal presentations to all senior citizen clubs on an ongoing basis And such other services as the parties agree will be of benefit in promoting the positive aspects of golf 4. Compensation to OPERATOR: The method of payment for this Services Agreement will be based on lump sum. The total lump sum price paid the OPERATOR will include compensation for all services, including travel, materials, supplies, vendor services, expenses and subcontracted work. No additional compensation will be paid to the OPERATOR, unless there is a change in the scope of the work or the scope of the project. In the instance of a change in the scope of work or scope of the project, adjustment to the total lump sum compensation will be negotiated between the OPERATOR and the CITY. Adjustment in the total lump sum compensation will not be effective until authorized and approved by the CITY. If OPERATOR fails to perform the services agreed to herein, the CITY shall have the right to delay payment and/or terminate this Agreement in accordance with the provisions noted herein. OPERATOR shall furnish to the CITY an invoice(s) for services performed, including a monthly report of services and activities performed in the preceding month. The OPERATOR is required to comply with all federal, state and local laws and ordinances applicable to the work. This includes compliance with prevailing wage rates and their payment in accordance with California Labor Code, Section 1775. The OPERATOR shall indemnify, defend and hold harmless the CITY, its officials, officers, employees and agents from any and all liability including, but not limited to wages, overtime pay, liquidated damages, penalties, court costs, and attorneys fees arising under any wage and hour law for work performed by the OPERATOR’s employees for which the CITY may be found jointly or solely liable. For services performed CITY agrees to pay and OPERATOR agrees to accept in full payment for the services provided, the maximum lump sum of up to Three Thousand Five Hundred Dollars ($3,500.00) per month. Said compensation shall be paid at the beginning of each month the Agreement is in force. Page 2 of 11 In the event of termination, the OPERATOR shall be entitled to compensation for the reasonable value of services performed to the effective date of termination; provided, however, that the CITY may condition payment of such compensation upon the OPERATOR’s delivery to the CITY of any and all CITY property, documents, reports, records, and materials associated with the performance of this Agreement. 5. Payments to CITY: CITY shall receive all Golf Course fees collected. Remittance of Golf Course fees collected shall be submitted to the CITY monthly, in addition to complete records and reports of all fees collected. CITY shall, at its discretion, and at reasonable times, conduct audits of the cash derived from the operation of the Golf Course. OPERATOR agrees to pay a rental fee of $200.00 per month for use of the Snack Bar and the Pro Shop. These rental fees shall be due and payable at the beginning of each month the Agreement is in force and shall be deducted from compensation payable to the OPERATOR as specified in Section 4 above. 6. Public Recreation Facility: It is understood and agreed that said Golf Course, Pro Shop and Snack Bar is one of the public recreation facilities owned by the City of Compton, and under the jurisdiction of the Department of Parks and Recreation, and its conduct, and operation are primarily for service to and for the benefit of the public. 7. Independent Contractor Status: OPERATOR, its officers, employees, subcontractors, agents and volunteers (collectively hereinafter the “Contractor”), is a wholly independent Contractor and not an officer, employee, subcontractor or agent of the CITY. Neither the CITY nor any of its officers, employees, agents or volunteers shall have any control over the conduct of the OPERATOR, except as expressly set forth in this Agreement. OPERATOR expressly warrants that while engaged in carrying out and complying with any terms and conditions of this Agreement that OPERATOR shall not at any time or in any manner, represent that OPERATOR is in any manner officers, employees, agents or volunteers of the CITY. OPERATOR shall obtain no rights to retirement, health care or any other benefit that accrue to CITY officials, officers, or employees. OPERATOR expressly waives any claim to such rights. 8. Indemnification: OPERATOR shall indemnify and save harmless the CITY, its officials, officers, employees, agents and volunteers (collectively hereinafter the “City”), against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the CITY and shall defend, indemnify and save the CITY from any and all liability and expense including defense costs and legal fees, and claims, demands, suits, actions or proceedings of any kind or nature, including Workers’ Compensation claims, of or by anyone whomsoever in any way resulting from or arising out of the negligent or intentional acts or omissions for OPERATOR, its officers, employees, subcontractors or agents in the performance of the duties undertaken by OPERATOR pursuant to this Agreement. This indemnification and hold harmless obligation does not extend to claims arising out of the sole negligence or willful misconduct of the CITY. 9. Insurance: Without limiting the OPERATOR’s indemnification of the CITY, OPERATOR shall provide and maintain, at its own expense, and require all of its subcontractors to maintain, during the term of this Agreement and furnish proof thereof to the CITY, certificates of insurance, along with endorsements, covering its operations as Page 3 of 11 applicable hereunder in this Agreement, with an insurance carrier acceptable to the CITY. Each certificate shall specifically identify this Agreement and shall expressly bear an endorsement precluding cancellation or reduction in coverage of any policy covered by such certificate except upon at least thirty (30) days prior written notice to the CITY. It is agreed that the CITY shall not be liable for the payment of any premiums or assessments on the insurance required. Failure on the part of the OPERATOR to procure or maintain insurance shall constitute a material breach upon which the CITY may immediately terminate this Agreement. Insurance coverage specified herein constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the OPERATOR under the terms of the Agreement. OPERATOR shall procure and maintain, at its own costs and expense, any additional kinds and amounts of insurance that, in its own judgment, may be necessary relating to OPERATOR’s use of the Premises. All insurance required hereunder shall be primary with respect to any insurance maintained by the CITY and shall not call on the CITY’s program for contributions. Program(s) of insurance shall include: a. General Liability. OPERATOR shall provide and maintain at its own expense during the term of this Agreement, a policy of Commercial General Liability Insurance, inclusive of personal injury liability and broad form property damage coverage, in an amount not less than One Million Dollars ($1,000,000.00) per occurrence. The coverage shall be written on an occurrence basis. Claims made coverage is not acceptable. b. Workers’ Compensation Insurance. OPERATOR shall provide and maintain at its own expense during the term of this Agreement a program of Workers’ Compensation Insurance and Employer’s Liability Insurance in an amount and form to meet all applicable requirements of the State Labor Code and which specifically covers all persons providing services by or on behalf of the Lessee and all risks to such persons under the Agreement. c. Fire and Casualty Insurance. OPERATOR shall maintain fire insurance on such party’s own equipment and property or to adequately self-insure the same. OPERATOR shall provide, or cause to be provided, and maintained at its sole cost property insurance in the amount of the value of the improvements on the Premises on a replacement cost basis. The property insurance shall insure against the perils of fire (with extended coverage), theft, vandalism, malicious mischief, collapse, flood, earthquake, windstorm and physical loss or damage. d. Insurance Endorsements. endorsed with the following language: The liability insurance policy(ies) shall be .1 The City of Compton and its respective elected and appointed officers, officials, employees, agents and volunteers (hereinafter the “City”) are to be named and covered as “additional insureds” with respect to liability arising out of the activities of the Lessee. .2 The insurer waives all rights of subrogation against the City. .3 Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City. Page 4 of 11 .4 Identify the leased Premises covered by the policy(ies) and the identity of the insured(s). 10. Nondiscriminatory Employment Practices: During the performance of this Contract, the OPERATOR agrees not to discriminate against any employee or applicant for employment because of race, sex, creed, color, religion, age, sexual orientation, marital status, national origin or handicap in accordance with requirements of City, State or Federal laws and regulations. The OPERATOR will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, sex, creed, color, religion, age, sexual orientation, marital status, national origin or handicap. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation and selection for training, including apprenticeship. The OPERATOR agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth provisions of this nondiscrimination clause. In the event of the OPERATOR’S noncompliance with the nondiscrimination clauses of this Contract, this Contract may be canceled, terminated or suspended in whole or in part. 11. Successor and Assigns: CITY and the OPERATOR each binds themselves, their partners, successors, assigns and legal representatives to the other party hereto and to partners, successors, assigns and legal representatives of such other party in respect to all covenants, agreements and obligations contained in the Contract Documents. Neither party to the Agreement shall assign the Contract or sublet it in whole or part without the written consent of the other, nor shall the OPERATOR assign any monies due or to become due to it hereunder, without the previous written consent of the CITY. Any attempted assignment of this Contract without the written consent of both parties is void. 12. Equipment: The only equipment furnished by CITY will be a sink and range vent hood. All other equipment and furnishings shall be supplied by OPERATOR. 13. Utilities: CITY agrees to furnish the following utilities and services for operation of the premises: water, gas and electricity. CITY shall not be liable for any loss or damage caused by or resulting from any variation, interruption or failure of said utilities and services due to any cause whatsoever, other than CITY’s gross negligence, and no temporary interruption or failure of such utilities and services shall be deemed an eviction of OPERATOR or relieve OPERATOR from any of OPERATOR’s obligation under this Agreement. 14. Alterations and Additions: OPERATOR shall not make any alterations or construct any additions or improvements in or on the Premises until the CITY has approved the complete plans and specifications for the project. Once the CITY has been provided with said plans and specifications, CITY shall have a thirty (30) day minimum review period before granting OPERATOR approval or disapproval of the project in writing. OPERATOR shall, at the time of the request, specify if they desire to retain ownership and/or possession of the alteration, addition or improvement subject to plan review by CITY at OPERATOR’s expense. CITY agrees that except for structural alterations, the OPERATOR may remove, during or at the expiration or other termination of the term of this Agreement, or of any Page 5 of 11 extension or holdover period thereof, as the case may be, personal property placed or installed in or upon the Premises by the OPERATOR or under its authority. Any personal property, improvements or additions not removed by OPERATOR within thirty (30) days after the end of the term, or any extension or holdover period thereof, shall automatically become the property of the CITY. OPERATOR shall repair any damage to the Premises caused by OPERATOR’s installation and/or removal of its personal property, alterations, improvements or additions. 15. Maintenance and Repairs: CITY shall not be responsible to make any repairs or alterations to the Premises, excepting due to reasonable normal wear and tear, and OPERATOR assumes any and all cost and liability for the repair and maintenance of the Premises leased herein, unless such repairs, alterations or maintenance are due to CITY’s negligence or willful misconduct. OPERATOR agrees to repair any damage caused by OPERATOR, its employees, contractors or agents, negligently or otherwise, at its own expense, and maintain the Premises leased and to return said Premises to CITY in as good order, repair and condition as the same were in at the commencement of this Agreement. OPERATOR must obtain prior written approval from the CITY prior to commencing any repairs to the leased Premises. OPERATOR shall continue to maintain said Premises in good repair and tenable condition and in compliance with all health, safety and sanitation laws, ordinances and regulations of the State of California and local authorities throughout the term of the Agreement. OPERATOR agrees to keep Premises in good order and condition at his sole cost and expense. All work done by OPERATOR on the Premises shall be done in a lawful manner and in conformity with all applicable laws, ordinances and regulations. The Premises shall be kept free from any and all liens and charges on account of labor or materials used in contribution to any work thereon. Unless otherwise required by law or expressly provided for within this Agreement, CITY shall have no liability to OPERATOR for any condition on the Premises leased herein and OPERATOR agrees that it has inspected the same, knows the condition and takes this Lease with the Premises in its present condition. OPERATOR agrees to hold the CITY harmless from any and all liability arising out of or in connection with the use of the Premises leased herein by the OPERATOR, its agents, employees, business invitees, customers and patrons, except to the extent any such liability is attributable to CITY’s negligence or willful misconduct. 16. Damage or Destruction: CITY agrees that should the premises be so badly damaged by fire, incidents of war, earthquake, or other violent action of the elements as to render them wholly unfit for OPERATOR’s occupancy, than this Lease shall be terminated immediately upon the happening of any such event, whereupon OPERATOR shall surrender the premises and shall not be liable for any further rental and CITY shall not be liable for any further monthly compensation to the OPERATOR. In event of any lesser damage by such cause, CITY may restore the premises to the condition it was in immediately prior to the event causing the damage, and the rental fees shall abate in proportion to the area not used by OPERATOR during the period of restoration. Page 6 of 11 CITY shall not be in any way or to any extent liable for any loss or damage to any of OPERATOR’s property at any time or within said leased premises, whether occasioned by fire, water or gas which may come or be therein or from any other cause whatsoever. 17. Signs and Advertisements: No signs or advertising matter of any kind shall be displayed unless and until approved in writing by the CITY. 18. Foods and Beverage Products: All foods, drinks, beverages confectioneries, refreshments, etc. sold or kept for sale by OPERATOR shall be first calls in quality, wholesome and pure, and shall conform to the Federal, State and Municipal food laws, ordinances and regulations in all respects. The prices to be charged therefore shall be uniform at all times and seasons and shall equal to prices charged in similar establishments in the neighborhood. No limitations, adulterated, misbranded or impure articles shall be sold or kept for sale by OPERATOR and all merchandise kept on hand by OPERATOR shall be stored and handled with due regard for sanitation. 19. Hours: OPERATOR shall keep the food concession open every day that the Golf Course is open. The hours of opening and closing shall be subject to the approval of the CITY. 20. Conduct: OPERATOR shall endeavor to meet all requirements for services in a good and workman like manner and shall maintain himself in such a manner, as to sobriety and moral character, that he shall at all times be able to deal effectively and properly with the golfing public. 21. Disorderly Persons: OPERATOR shall permit no intoxicated person or persons, profane or indecent language or boisterous or loud conduct in or about the premises. 22. Law and Ordinances: OPERATOR shall conduct his business in accordance with all the laws, ordinances, rules and regulations applicable to such business as set forth by the City, County, State and Federal Government. 23. City Regulations: OPERATOR and his employees shall at all times abide by all rules and regulations heretofore adopted or that may hereafter be adopted by the CITY. 24. Permits and Licenses: OPERATOR shall be required to obtain any and all permits or licenses that may be required in connection with the operation of the concessions. 25. Taxes: OPERATOR shall pay all taxes upon personal property and improvement belonging to OPERATOR on said premises and upon his lease-hold interests and OPERATOR shall pay all sales and other taxes levied against the operator of said business. 26. Vending Machines: A. Permission: OPERATOR shall first receive written approval of the CITY before installing or permitting to be installed any and all vending machines. B. Telephone: within the golf Course. The CITY reserves the right of rental of all public pay stations Page 7 of 11 27. Stands: No accessory stands or buildings for the sale of refreshments shall be permitted, without the written approval of the Department and OPERATOR shall confine the business strictly to the area set aside by the Department for such use. OPERATOR shall not permit vendors to display or vend wares in any manner inside or outside the building or on the said properties unless a written permit is first secured from the Department, and such permit shall be subject to revocation at any time. 28. Egress and Ingress: CITY, and its authorized representatives, agents and employees shall have the privilege to enter upon said demised premises at any and all reasonable times during the term of the Lease for the purpose of inspection to determine whether or not OPERATOR is complying with the terms and conditions hereof, or for any other purpose incidental to the rights of the City. Such visits by the City, its authorized representatives, agents or employees are not to hinder the normal operation of said concession. 29. Garbage and Rubbish: No boxes, barrels, supplies or rubbish in any form shall be kept, piled or stored outside the buildings unless approved by the Department. OPERATOR shall provide, in a place to be designated, as directed by the Department’s standard garbage receivers, and shall place therein all garbage and refuse and shall see that it is collected as required by the City Code. 30. Cleanliness: OPERATOR shall keep the leased premises clean and sanitary at all times, and OPERATOR shall furnish all equipment and materials therefore. Janitorial labor and services shall be supplied by OPERATOR. 31. Sub-Letting: OPERATOR shall not under-let or sublet the premises occupied by him or any part, hereof or allow the same to be used or occupied by any other person or for any other person or for any other use than herein specified, nor assign this contract, without written consent of the CITY; nor shall OPERATOR transfer, assign or in any manner convey any of the rights or privileges here in granted without the said written consent of the CITY. Any attempt of assignment of any interest in this agreement shall be null and void. That neither said contract nor the rights herein granted shall be assignable or transferable by any process or proceeding in any court, or by involuntary, of receivership proceedings; and in the event of the insolvency or bankruptcy either voluntary or involuntary or OPERATOR said CITY may at its option terminate and cancel said contract, in which event, all rights of OPERATOR thereunder shall immediately cease and terminate and he or his representative shall immediately deliver up possession to said CITY. 32. Storage: OPERATOR shall not rent, sell, lease or offer any space for the parking or storing or any article or articles whatsoever within or on the premises occupied by this concession, other than his own equipment, without the written consent of the CITY. 33. Other Licenses: OPERATOR shall have the privilege of using the licensed premises solely for the purpose set forth in these specifications and the lease agreement. The CITY shall have the right to grant additional licenses for different purposes in the vicinity of premises licensed hereunder. OPERATOR shall cooperate fully with any other lessee in the vicinity. 34. Amendments: This Services Agreement and Lease may be amended or modified only by written agreement signed by the parties hereto, and failure on the part of either party to enforce any provision of this Agreement shall not be construed as a waiver of the right to compel enforcement of such provision or provisions nor act to release any surety from the obligation under the Agreement. Page 8 of 11 35. Termination: Notwithstanding any other provision of this Agreement, this Agreement may be terminated as follows: a. The CITY may terminate this Services Agreement and/or Lease at any time by giving thirty (30) days written notice of termination to OPERATOR. If the CITY gives such notice of termination, OPERATOR shall cease immediately all work in progress, unless otherwise directed by the CITY. b. If the OPERATOR shall fail, neglect or refuse, within ten (10) days after receiving notice thereof from said CITY, to improve or change the services rendered or conduct of such concession, or to conform to the Rules and Regulations, or any of the directions or instructions that may be properly made by said CITY in the exercise of its powers or shall default in performance or any of the other terms or provisions herein required; and the said default shall continue for a period of ten (10) days after written notice thereof shall be given to OPERATOR by said CITY, it shall then be lawful for said CITY at its option to declare said terms of the Services Agreement and/or Lease ended and said designated Contract provisions shall be terminated and forfeited, and it may thereupon reenter and possess itself of all the rights and privileges hereto enjoyed by OPERATOR. c. The CITY may terminate this Agreement immediately upon written notice if OPERATOR becomes insolvent; that is, it has ceased to pay its debts in the ordinary course of business or cannot pay its debts as they become due, whether or not it has committed an act of bankruptcy, and whether or not insolvent within the meaning of the federal Bankruptcy law. d. Upon termination, OPERATOR shall deliver to the CITY all property of the CITY in OPERATOR’s possession and copies of all reports, documents and other work prepared by OPERATOR pursuant to this Agreement. OPERATOR shall furnish to the CITY a final invoice for work performed. 36. Notices: All notices, demands or requests to be given under this Agreement shall be given in writing and conclusively shall be deemed received when: (a) delivered personally, or (b) on the third business day after the deposit thereof in the United States mail, postage prepaid, registered or certified, and addressed as hereinafter provided, or (c) one business day after send by facsimile transmission To City: Copies to: City of Compton 205 South Willowbrook Avenue Compton, California 90220 Attn: Director, Parks & Recreation Dept. (310) 605-5688 (310) 605-1480 – fax. City of Compton 205 South Willowbrook Avenue Compton, California 90220 Attn: Director, General Services Dept. (310) 605-5553 (310) 605-1753 Page 9 of 11 To Operator: Mr. Willie Forge 220 Magnolia Court Compton, California 90220 (310) In the event of any change of address, the moving party is obligated to notify the other party of the change of address in writing. Each party may amend, supplement and update the notice list to add, delete or replace any listed individuals; however, the amendment must be in writing. Note: A copy of any notice provided to the Director(s) shall also be provided to: City Manager, 205 South Willowbrook Avenue, Compton, California 90220. 37. Waivers: A waiver by either party to this Agreement of any breach of any terms, covenants or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant or condition contained herein, whether of the same or a different character. 38. Governing Law and Severability: This Agreement shall be governed by and construed under the laws of the State of California. Should any part of this Agreement be declared by a final decision by a court or tribunal of competent jurisdiction to be unconstitutional, invalid, or beyond the authority of either party to enter into or carry out, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement, absent the unexcised portion, can be reasonably interpreted to give effect to the intentions of the parties. 39. Extent of Agreement: This Agreement and any attachments hereto, constitute the entire understanding and agreement of the parties. This Agreement integrates all of the terms and conditions mentioned herein or incidental hereto and supersedes all negotiations or previous agreements between the parties with respect to all and any part of the subject matter hereof. Neither party has been induced to make or enter into this Agreement by reason of promise, agreement, representation, statement or warranty other than as herein contained. Nothing in this Agreement shall create any contractual relations between any sub consultant or subcontractor and the CITY. IN WITNESS WHEREOF, OPERATOR has executed this Agreement, and the CITY, by its City Manager, who is authorized to do so, has executed this Agreement. OPERATOR By ________________________________ Willie Forge, Operator/Lessee Page 10 of 11 Dated: ______________ CITY OF COMPTON/LESSOR Recommended for approval: By _________________________________ Marvin C. Hunt, (Interim) Director Parks & Recreation Department Dated: _______________ Approved by: Dated: _________________ By _________________________________ Johnny Ford, City Manager Approved as to form: By ________________________________ Craig J. Cornwell, City Attorney Dated: ________________ ATTEST: Dated: __________________ By ______________________________ Alita Godwin, City Clerk Page 11 of 11 RESOLUTION SIGN-OFF FORM DEPARTMENT: Recreation RESOLUTION TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH WILLIE FORGE TO OPERATE THE COMPTON PAR 3 GOLF COURSE AND LEASE THE COURSE PRO SHOP AND SNACK BAR FOR FISCAL YEAR 2015-2016 Marvin Hunt 8/17/2015 10:55:27 AM DEPARTMENT MANAGER’S SIGNATURE DATE REVIEW / APPROVAL Ruth Rugley 8/23/2015 12:11:24 PM CITY ATTORNEY DATE Stephen Ajobiewe 8/20/2015 11:27:19 AM CITY CONTROLLER DATE Johnny Ford 8/17/2015 11:41:29 AM CITY MANAGER DATE Use when: Public Works: When contracting for Engineering Services. City Attorney: When contracting for legal services; contracts that require City Attorney’s review. Controller/Budget Officer: Amending Budget; appropriating and/or transferring funds; adding and/or deleting positions; any resolution having account numbers. Asst. City Manager/OAS: All personnel actions. September 1, 2015 TO: MAYOR AND CITY COUNCIL MEMBERS FROM: CITY TREASURER SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE FISCAL YEARS 2015-2016 AND 2016-2017 SUMMARY: The City Treasurer is submitting the annual statement of investment policy to the City Council. BACKGROUND: California Government Code Section 53646 (A) provides for the annual review of a local agency’s investment policy. The legislation states that the City Treasurer submits an annual statement of investment policy to the legislative body to be considered at a public meeting. The investment policy outlines the policies for maximizing efficiency of the city's cash management system and guidelines for prudent investment of the city's funds. STATEMENT OF THE ISSUE: In order to comply with section 53646 (A) the City Treasurer is providing the City Council with a statement of the city’s investment policy. FISCAL IMPACT There is no fiscal impact resulting from this resolution. RECOMMENDATIONS Staff recommends that the City Council adopt the attached resolution. DOUGLAS SANDERS CITY TREASURER APPROVED FOR FORWARDING: JOHNNY FORD CITY MANAGER RESOLUTION NO. ____________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE FISCAL YEARS 2015-2016 AND 2016-2017 WHEREAS, the Governor of the State of California signed such legislation into law effective January 1, 1996 (SB564); and WHEREAS, the City Treasurer of the City of Compton declares the annual Statement of Investment Policy to be as follows: This statement is intended to outline the policies for maximizing the efficiency of the City's Cash Management System and for prudent investment of the City's funds, and to provide guidelines for suitable investments. POLICY In accordance with the Charter of the City of Compton and under the authority granted by the City Council, the City Treasurer is responsible for investing the unexpended cash in the City Treasury. The investment of the City of Compton’s funds is directed to the goals of safety, liquidity and yield. The authority governing investments for municipal governments is set forth in the California Government Code, Sections 53601 through 53659. The City Treasurer shall attempt to obtain the highest yield using the average three months Treasury Bill as a bench mark, provided that all investments meet the criteria established for safety and liquidity. Criteria for selecting investments and the order of priority are: 1. Safety. The safety and risk associated with an investment refers to the potential loss of principal, interest or a combination of these amounts. The City only operates in those investments that are considered very safe. 2. Liquidity. This refers to the ability to "cash in" at any moment in time with a minimal chance of losing some portion of principal or interest. Liquidity is an important investment quality especially when the unexpected need for funds occurs occasionally. 3. Yield. Yield is the potential dollar earning an investment can provide, and sometimes is described as the rate of return. The investment policy and practices of the City Treasurer for the City of Compton are based upon Federal, State, and Local law and prudent money management. The primary objectives of this policy are: 1. To protect the principal and asset holdings of the City’s portfolio. 2. To ensure adequate liquidity is provided for the prompt, efficient handling of the City’s disbursement. 3. To generate the maximum amount of investment income within the parameter of this Statement of Investment Policy and the guidelines for suitable investments. RESOLUTION NO. ____________ Page 2 The ultimate goal is to enhance the economic status of the City while protecting its funds. SCOPE The investment policy applies to all financial assets of the City of Compton as accounted for in the City Annual Audited Report with some limited exceptions for Bonds Proceeds managed by the Trustees. Policy statements outlined in this document focus on the City of Compton’s pooled funds, but will also apply to all other funds under the City Treasurer’s span of control unless exempted by resolution or statute. This policy is applicable, but not limited to all funds listed below: - General City Account Funds Water Fund Capital Improvement Funds Agency and Trust Funds Special Capital Improvements Liability Fund Any new fund created by the City Controller unless specifically exempted by resolution One exception does exist regarding the investments of the bond reserve funds. The Trustee has no obligation in adhering to this policy due to the Bond Indenture Agreement. However, the Trustee shall consult with the Treasurer for guidelines and recommendations. PRUDENCE Generally, investments shall be made in the context of the "Prudent Investor" rule which states that: "Investments shall be made with judgment and care, under circumstances then prevailing, which persons of prudence, discretion, and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as the probable income to be derived." It is the City’s full intent, at the time of purchase, to hold all investments until maturity to ensure the return of all invested principal dollars. However, it is realized that market prices of securities will vary depending on economic and interest rate conditions at any point in time. It is further recognized, that in a well-diversified investment portfolio, occasional measured losses are inevitable due to economic and bond market. These occasional losses must be within the context of the overall investment program and the resultant long term rate of return. The City Treasurer and other individuals assigned to manage the investment portfolio, acting within the intent and scope of the investment policy and other written procedures and exercising due diligence, shall be relieved of personal responsibility and liability for an individual security’s credit risk or market price change, provided deviations from expectations are reported in a timely manner and appropriate action is taken to control adverse developments. RESOLUTION NO. __________ Page 3 OBJECTIVES SAFETY OF PRINCIPLE Safety of principal is the foremost objective of the City of Compton. Each investment transaction shall seek to ensure that capital losses are avoided, whether from securities default, broker-dealer default or erosion of market value. The City shall seek to preserve principal by mitigating the two types of risk, credit risk and market risk. Credit risk, defined as the risk of loss due to failure of the issuer of a security, shall be mitigated by investing in investment grade securities and by diversifying the investment portfolio so that the failure of any one issuer does not unduly harm the City’s capital base and cash flow. Market risk, defined as market value fluctuations due to overall, changes in the general level of interest rates, shall be mitigated by limiting the average maturity of the City’s investment portfolio to two years, the maximum maturity of any one security to five years, structuring the portfolio based on historic and current cash flow analysis eliminating the need to sell securities prior to maturity and avoiding the purchase of long term securities for the sole purpose of short term speculation. LIQUIDITY Because the City operates its own water utility and bills monthly for this service, cash flow is generated on a daily basis. Historical cash flow trends are compared to current cash flow requirements on an ongoing basis in an effort to ensure that the City’s investment portfolio will remain sufficiently liquid to enable the City to meet all reasonable anticipated operating requirements. COLLATERAL REQUIREMENTS Collateral are required for investments in certificates of deposit, repurchase agreements and reverse repurchase agreements. In order to reduce market risk, the collateral level will be at least 110% of market value of principal and accrued interest. In order to conform with the provisions of the Federal Bankruptcy Code, which provides for liquidation of securities held as collateral, the only securities acceptable as collateral shall be certificates of deposit, commercial paper, eligible banker’s acceptances, medium term notes or securities that are the direct obligation of, or are fully guaranteed as to principal and interest by, the United States or any agency of the United States. AUTHORIZED INVESTMENT The City is governed by the Government Code, Section 53600 et seq. The temporarily idle funds of the City of Compton shall only be invested in securities and diversified within the context of these limitations. The following investments are authorized, as further limited herein: RESOLUTION NO. _____________ Page 4 1. United States Treasury Bills, Notes and Bonds, or those for which the full faith and credit of the United States are pledged for payment of principal and interest. There is no limitation as to the percentage of the City's surplus funds which can be invested. The maximum maturity length shall not exceed 5 years. 2. Obligations issued by the Government National Mortgage Association (GNMA), the Federal Farm Credit Bank System (FFCB), the Federal Home Bank Board (FHLB), and the Federal National Mortgage Association (FNMA) and those insured by the Federal Housing Administration (FHA). Although there is no percentage limitation on these issues, the "prudent investor" rule shall apply for a single agency name, as U.S. Government backing is implied rather than guaranteed. The maximum maturity length shall not exceed 5 years. Investments detailed in items 3 through 10 are further restricted to percentage of the cost value of the portfolio in any one issuer to a maximum of 15%. The total value invested in any one issuer shall not exceed 5% of the issuer’s net worth. Again, a five year maximum maturity limitation is applicable unless further restricted by this policy 3. Bill of exchange or time drafts drawn on and accepted by a commercial bank, otherwise known as banker's acceptance. Banker acceptances purchased may not exceed 180 days maturity or 40% of the City's temporarily idle funds. 4. Commercial paper ranked "P1" by Moody's Investor Services and "A1+" by Standard and Poor's, and issued by a domestic corporation having assets in excess of $500,000,000 and having an "AA" or better rating on its long term debentures as provided by Moody's or Standard and Poor's. Purchase of eligible commercial paper may not exceed 270 days maturity nor represent more than 10% of the outstanding paper of an issuing corporation. Purchase of commercial paper may not exceed 15% of the City's surplus funds. 5. Negotiable certificates of deposit issued by a Nationally or State-Chartered Bank or a State or Federal Savings and Loan Association. Purchase of negotiable certificates of deposit may not exceed 30% of total portfolio. A maturity limitation of five years is applicable. 6. Repurchase agreements. The City may invest in repurchase agreements with banks and dealers with which the City has entered into a master repurchase contract that specifies terms and conditions of repurchase agreements. The maturity of repurchase agreements shall not exceed 90 days and when the underlying securities are United States Treasurers or Agencies that the market collateral equals 102% of the repurchase agreement amount including accrued interest, and the maximum maturity length of that collateral does not exceed 5 years. The only securities acceptable as collateral shall be eligible negotiable certificates of deposits, eligible bankers acceptances, or securities that are direct obligation of, or that are fully guaranteed as to principal and interest by, the United States or any agency of the United States. RESOLUTION NO. _________ Page 5 7. Reverse repurchase agreements that specify terms and conditions may be transacted with broker dealers and financial institutions, but cannot exceed 20% of the portfolio value on the date entered into. The City may enter into reverse repurchase agreements which may not exceed 90 days. 8. Local Agency Investment Fund. The City may invest in the Local Agency Investment Fund (LAIF) established by the State Treasurer for the benefit of local agencies up to the maximum permitted by State law. 9. Time Deposit. The City may invest in non-negotiable time deposits collateralized in accordance with the California Government Code, in those banks and savings and loan associations that meet the requirements for investment in negotiable certificates of deposit. Since time deposits are not liquid, no more that 25% of the temporarily idle fund may be invested in this category. 10. Medium Term Cooperate Notes, with a maximum maturity of five years, may be purchased. Securities eligible for investment shall be rated AA or better by Moody’s or Standard & Poor’s rating services. Purchase of medium term notes may not exceed 30% of the market value of the portfolio and not more than 15% of the market value of the portfolio may be invested in notes issued by one corporation. Commercial paper holdings should also be included when calculating the 15% limitation. 11. Mutual Funds investments held by City must restrict their underlying investments to subsection “A” through “J” of 53601 of the Government Code or subsections “M” or “N” of 53601 of the Government Code. Mutual funds held by the City will have a maximum maturity of five (5) years, will not exceed twenty (20%) percent of the portfolio, and will have a minimum rating of AAA or Aa by either Moody’s or S&P. Mutual Fund investments will be made in accordance with section 53601(k) (l) of the Government Code. 12. Mutual Funds (Money Market Funds) held by the City will have a maximum maturity of 90 days, will not exceed twenty (20%) percent of the City’s portfolio, and will have a minimum rating of AAA or Aa by either Moody’s or S&P. Mutual Fund investments will be made in accordance with section 53601(k) (2) of the Government Code. 13. Ineligible investments. Investments not described herein, including, but not limited to common stocks are prohibited from the use in this fund. QUALIFIED DEALERS AND INSTITUTION The City shall transact business only with banks, savings and loans and registered investment dealers. The purchase by the City of any Investment other than those purchased directly from the issuer, shall be purchased either from an institution licensed by the State as a broker-dealer, as defined in Section 25004 of the Corporations Code, who is a member of the National Association of Securities Dealers, or a member of a Federally regulated securities exchange, a National or State-Chartered Bank, A Federal or State Association (as defined by Section 5102 of the Financial RESOLUTION NO. _______________ Page 6 Code), or a brokerage firm designated as a Primary Government Dealer by the Federal Reserve Bank. The City Treasurer's staff shall investigate all institutions that wish to do business with the City, in order to determine if they are adequately capitalized, make markets in securities appropriate to the City's needs, and agree to abide by the conditions set forth in the City of Compton's Investment Policy. This will be done by having the Financial Institutions complete and return the appropriate questionnaire. COMPETITIVE BIDDING It is the policy of the City to require competitive bidding for government agencies and securities for transactions that are not classified as “new issues” securities. For the purchase of no “new issue” securities and the sale of all securities at least three bidders must be contacted. APPROVED LIST No purchase or sale of investments is to be made with a dealer or broker unless the firm’s name has been approved by the City Treasurer and adopted by resolution by the City’s Legislative Body. SAFEKEEPING OF SECURITIES To protect against potential losses caused by collapse of individual securities dealers, all securities owned by the City except securities used as collateral repurchased agreements, shall be kept in safekeeping with "perfect interest" by a third party bank trust department, acting as agent for the City under the terms of a custody agreement executed by the bank and by the City. All securities will be received and delivered using standard delivery-vs.-payment procedures. INVESTMENT REPORTING AND MONTHLY REPORT The Treasurer shall render a monthly report to the City Council showing the type of investment, institution, date of maturity, par value of investment, cost basis of investment, current market value change of all securities, rate of interest, interest earned, gains and losses and such data as may be required by the City Council. The report shall also detail all repurchase agreements, and shall state its relationship to this Statement of Investment Policy as directed under the Code and will be in compliance with GASB #31. PERFORMANCE MEASUREMENTS OF PORTFOLIO The City Treasurer shall include in the monthly report of investment activity performance measurements comparing the current month’s yield with the three month average Treasury Bill. INVESTMENT CONTROLS The City Treasurer has developed a system of internal investment controls and a segregation of responsibilities of investment functions. These controls are designed to prevent losses of public funds arising from fraud, employee error, misrepresentation of third parties, or imprudent actions by employees and officers of the Treasurer's staff. RESOLUTION NO._______________ Page 7 ETHICS AND CONFLICT OF INTEREST Officers and employees involved in the investment process shall refrain from personal business activity that could conflict with proper execution of the investment program, or which could impair their ability to make impartial investment decisions. LEGISLATIVE CHANGES Any State of California legislative action, that further restricts allowable maturities, investment type or percentage allocations, will be incorporated into the City of Compton Investment Policy and supersede any and all previous applicable language. DELEGATION OF AUTHORITY In the absence of the City Treasurer, the authority to execute investment transactions affecting the City's temporarily idle funds will be restricted to the Chief Deputy Treasurer and the Deputy Treasurer. LIMITING MARKET VALUE EROSION The longer the maturity of securities, the greater their market price volatility. Therefore, it is the general policy of the City to limit the potential effects from erosion in market values by adhering to the following guidelines: 1. All immediate and anticipated liquidity requirements will be addressed prior to purchasing all investment. 2. Maturity dates for long-term investment will coincide with significant cash flow requirements where possible, to assist with short term cash requirements at maturity. 3. All long-term securities will be purchased with the intent to hold all investments to maturity under then prevailing economic conditions. However, economic or market conditions may change, making it in the City’s best interest to sell or trade a security prior to maturity. POLICY REVIEW This Investment Policy shall be reviewed at least annually to ensure its consistency with the overall objectives of preservation of PRINCIPAL, LIQUIDITY, AND RETURN, and its relevance to current law, financial and economic trends, and to meet the needs of the City of Compton. Any amendments to the policy shall be forward to City Council for approval. The City strives to maintain the level of investment of all surplus funds as near 100% as possible, through daily and projected cash flow determinations. The basic premise underlying the City's investment philosophy is, and will continue to be, to insure that money is always safe and available when needed. RESOLUTION NO. _______________ Page 8 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON RESOLVES AS FOLLOWS: SECTION 1. That an annual statement of investment policy for the City of Compton has been filed by the City Treasurer for fiscal year 2015-2016 and 2016-2017 in compliance with Section 53646 (A) of the Government Code of the State of California. SECTION 2. That a copy of this resolution shall be filed in the offices of the City Manager, City Treasurer, City Controller and the City Attorney. SECTION 3. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution. ADOPTED this ____________ day of _________ 2015. ____________________________________ MAYOR OF THE CITY OF COMPTON ATTEST: _________________________________________ CITY CLERK OF THE CITY OF COMPTON STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor, and attested by the City Clerk, at a regular meeting thereof held on the __________ day of ____________, 2015. That said resolution was adopted by the following vote, to wit: AYES: NOES: ABSENT: COUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERS_________________________________________ CITY CLERK OF THE CITY OF COMPTON RESOLUTION SIGN-OFF FORM DEPARTMENT: City Treasurer RESOLUTION TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ACKNOWLEDGING THE RECEIPT AND FILING OF THE ANNUAL STATEMENT OF INVESTMENT POLICY FOR THE FISCAL YEARS 2015-2016 AND 2016-2017 <ManagersName> <ManagersDate> DEPARTMENT MANAGER’S SIGNATURE DATE REVIEW / APPROVAL <LegalName> <LegalDate> CITY ATTORNEY DATE <ControllerName> <ControllerDate> CITY CONTROLLER DATE <CityManager> <CityManagerDate> CITY MANAGER DATE Use when: Public Works: When contracting for Engineering Services. City Attorney: When contracting for legal services; contracts that require City Attorney’s review. Controller/Budget Officer: Amending Budget; appropriating and/or transferring funds; adding and/or deleting positions; any resolution having account numbers. Asst. City Manager/OAS: All personnel actions. September 1, 2015 TO: MAYOR AND CITY COUNCIL FROM: CITY CLERK SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A SALES AND MULTI-YEAR MAINTENANCE AGREEMENT WITH HEIDELBERG USA, INC. FOR THE PURCHASE OF A SUPRASETTER A52 GEN III PLATE MAKER PROCESSOR ($156,146.23) SUMMARY The City Council will consider adopting a Resolution authorizing the City Manager to enter into an agreement to purchase a Suprasetter A52 Gen III Plate Maker Processor at a cost $134,993.23 and a thirty-three (33) month service agreement at a total cost of $21,153.00, payable in quarterly amounts of $1,923.00, with Heidelberg USA, Inc. BACKGROUND In November 2006, the City Council adopted Resolution No. 22,186, which authorized the lease/purchase of a Ripit Film Processor. In 2013, the City’s Information Technology Division began a City-wide computer operating systems update with the newer version of Microsoft Windows Seven (7). As a result of the software upgrade, the Ripit Film Processor is not compatible with the Windows Seven (7) operating system and is a chemical-based file processor that contains hazardous materials. This system is obsolete and will not be updated by the Ripit Corporation, thus staff has recommended that a more environmentally suitable chemical-free processor replace the Ripit Film Processor. STATEMENT OF ISSUE In June 2015, staff solicited proposals to provide a digital plate maker, training, and a maintenance and technical support agreement. Proposals were received from the following companies: Heidelberg USA Incorporated, Suprasetter A52 GEN III Platesetter, Workflow $123,847.00 Fuji Film North America, Dart Thermal 4-up Platesetter & XMF Workflow $135,244.00 AGFA Corporation, Avalon N4E Platesetter, Workflow Single Autoloader $128,488.00 The proposals were evaluated on their understanding of the Reprographics Division needs, their proven ability to efficiently implement solutions in a similar environment, price, equipment guarantee and the ability to support the equipment. Heidelberg USA, Incorporated is the manufacturer of the equipment and has provided the lowest, most responsive proposal. Staff Report – Resolution Authorize Purchase & Multi-Year Service Contract with Heidelberg USA, Inc. Suprasetter A52 Gen III Plate Maker Processor September 1, 2015, page 2 FINANCIAL IMPACT The total cost for the purchase of the equipment, including taxes and delivery is One Hundred Four Thousand Nine Hundred Ninety Three Dollars and Twenty-Three Cents ($134,993.23). The thirty-three month service agreement totals Twenty One Thousand One Hundred Fifty Three Dollars ($21,153.00), payable quarterly at a cost of One Thousand Nine Hundred Twenty Three Dollars ($1,923.00). Funds for this expenditure, in the total amount of $156,146.23 are available in the City Clerk 2015-2016 Fiscal Year Budget in Account Number 6200-470-0000-4334. RECOMMENDATION Staff recommends adoption of the attached Resolution. ALITA GODWIN, CMC CITY CLERK RESOLUTION NO. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A SALES AND MULTI-YEAR MAINTENANCE AGREEMENT WITH HEIDELBERG USA, INC. FOR THE PURCHASE OF A SUPRASETTER A52 GEN III PLATE MAKER PROCESSOR ($156,146.23) WHEREAS, in 2006 the City lease/purchased a Ripit Film Processor, however, in 2013, the City began a City-wide computer operating systems update with the newer version of Microsoft Window Seven (7); and WHEREAS, as a result the of the software upgrade, the Ripit Film Processor used by the Reprographics Division is not compatible with the new Windows Seven (7) operating system and is an obsolete chemical-based file processor containing hazardous materials which will not be updated by the Ripit Corporation; and WHEREAS, in June 2015 staff solicited proposals to provide a digital plate maker, training, and a maintenance and technical support agreement. Proposals were received from the following companies: Heidelberg USA Incorporated Fuji Film North America AGFA Corporation, Avalon N4E Platesetter $123,847.00 $135,244.00 $128,488.00 WHEREAS, the proposals were evaluated on their understanding of Reprographics Division needs, their proven ability to efficiently implement solutions similar environment, price, equipment guarantee and the ability to support equipment and it was determined that Heidelberg USA, Incorporated provided lowest, most responsive proposal; and the in a the the WHEREAS, the total cost for the purchase of the equipment, including taxes and delivery is One Hundred Four Thousand Nine Hundred Ninety Three Dollars and Twenty-Three Cents ($134,993.23) and the thirty-three month service agreement totals Twenty One Thousand One Hundred Fifty Three Dollars ($21,153.00), payable quarterly at a cost of One Thousand Nine Hundred Twenty Three Dollars ($1,923.00). WHEREAS, funds for this expenditure, in the total amount of $156,146.23 are available in the City Clerk 2015-2016 Fiscal Year Budget. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Manager is hereby authorized to enter into an agreement to purchase a Suprasetter A52 Gen III Plate Maker Processor at a cost $134,993.23 and a thirty-three (33) month service agreement at a total cost of $21,153.00, payable in quarterly amounts of $1,923.00, with Heidelberg USA, Inc. SECTION 2. That a purchase order is authorized to be issued in the amount of One Hundred Fifty Six Thousand One Hundred Forty Six Dollars and Twenty-Three Cents ($156,146.23). SECTION 3. That funds for this expenditure are available in the City Clerk 20152016 Fiscal Year Budget in Account Number 6200-470-000-4334. SECTION 4. That a copy of this Resolution shall be forwarded to the offices of the City Manager, City Controller, City Attorney, City Clerk and Reprographics Division. Resolution No. _______ Page 2 SECTION 5. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution. ADOPTED this ____ day of ________________, 2015. ________________________________ MAYOR OF THE CITY OF COMPTON ATTEST: ____________________________________ CITY CLERK OF THE CITY OF COMPTON STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON: ) ) ss ) I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor and attested to by the City Clerk at a regular meeting thereof held on the ____ day of ___________________, 2015. That said Resolution was adopted by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: ABSTAIN: COUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERS- ____________________________________ CITY CLERK OF THE CITY OF COMPTON Pro Forma Service Contract Invoice Correspondence to: Heidelberg USA 1000 Gutenberg Drive, NW Kennesaw, GA 30144-7028 Phone: 800 437-7388 Fax: 800-841-7765 Customer #: Page 1 of 1 Invoice No : 06262015PF Date : 06/26/2015 14390230 City of Compton 205 S Willowbrook COMPTON, CA 90220 Heidelberg Partner Program Agreement Item Description Unit Price USD 10000 Suprasetter A52 DTL Per Month $ 300.00 20000 CP85 Per Month 80.00 30000 Site (Software contract for Prepress Manager 52 with Renderer 52) Per Month 261.00 Total Amount Due Quarterly 33 Month Contract to be Billed Quarterly Thank you for your business! Remit to: Heidelberg USA, Inc. P.O. Box 845180 Dallas, TX 75284 $1,923.00 DATE Page 1 of 1 14390230 14390230 ProForma CUSTOMER NO. CUSTOMER NO. INVOICE NO. City of Compton 205 S Willowbrook COMPTON CA 90220 B I L L 5/28/2015 S H I P T O City of Compton 205 S Willowbrook COMPTON CA 90220 T O Date Shipped Shipped VIA Sales Contract and Security Agreement No. Our Order Number Entered By 1153112821 Item No. 10000 10400 20000 30000 40000 50000 60000 60300 60400 70000 Material No. Description Suprasetter A52 Gen III Retrofit kit A74 punching system HDM ZGGUJ.1006544400 CP+85 Premium SU45.GRAVITYSTACK GravityStacker PP.888.0100 Prinect Prepress Manager PP.888.0040 Prinect Integration Manager PP.222.0178 Server T320-S14 PP.222.0173/01 19" Monitor P1914S SU45.632111384 Dell 300GB 10K RPM SAS 6Gbps 2.5in hot p PP.PWF.3DAY 3 days Prinect Workflow Service PT.MD3.V000/ MV.053.398 /03 Todd A Vanderweyden Quantity 1 1 1 1 1 1 1 1 1 1 U/M ea. ea. ea. ea. ea. ea. ea. ea. ea. le Unit Price USD Amount USD 123,847.00 Sales Tax Special price based on signing a 3 year consumable contract Special price based on signing a 3 year and Consumables a service contract Contract and Service Contract Remit to: Heidelberg USA, Inc P.O. Box 845180 Dallas, TX 75284 11,146.23 $123,847.00 $134,993.23 June 2015 Proposal Prepared For COMPTON CITY *Images may reflect optional items not contained in this proposal Dart Thermal 4-up Platesetter & XMF Workflow Dart Thermal 4-up Platesetter & XMF Workflow Customer Contact Info: FUJIFILM Contact Info: COMPTON CITY 205 S WILLIEBROOK AVE COMPTON, CA 90220-3134 Specialist Steve Greenstein [email protected] Account Mgr Interface1 [email protected] Proposed Equipment: Thermal CTP Solutions 1 Dart 4300 E Manual Features: · 16-channel laser diode system in a two bank array providing laser redundancy · Centering registration system · Auto calibration every 16 plates to verify power ratings to the plate · Auto drum-balancing for different plate sizes and gauges · Separate input and output slots allowing for multiple plate staging · 830nm external drum imaging system · Plate throughput = 11 plates per hour (28.5'' x 24.2'' at 2400dpi) · Maximum plate size = 32 21/32'' x 26'' · Minimum plate size = 12 25/32'' x 14 19/32'' · 15mm Head and 12mm Tail Clamp · Plate gauge support = .006 .008 .012 · Supports 2400 2438 and 2540 dpi Includes: · Three month manufacturer warranty (includes all parts labor and travel) Requires: · Power: Single Phase 200-240V, 20 amp, 4.0 kW · Environment: Recommended 70-77 degrees, 40 -70 percent relative humidity · Dimensions: 69.7'' W x 40.5'' D x 46.7'' H Options: · Optional press punching capability (up to potentially four internal press punches) · Upgradeable to 21pph with a laser diode upgrade 1 Powervar For Jav/Dart/FP Features: · Power conditioner for Javelin/Dart/FinalProof 1 Dart 4300 E Installation w/Ecomaxx Dart 4300E Installation with EcoMaxx Includes: · Installation of device · Training 110290 Monday, June 01, 2015 Dart Thermal 4-up Platesetter & XMF Workflow Thermal CTP Solutions - Continued 1 Dart 4300 E First Year Preferred w/o Processor CSA Dart 4300 E First Year Preferred Customer Support Agreement without Processor Coverage Period Is 9 Months From End of Warranty Includes the following coverage from 8am-5pm, M-F: · 100% discount on Labor and Travel Charges · 100% discount on non-Consumable Parts · 100% discount on Shipping Charges for covered parts · 2 Preventative Maintenance Calls at no charge · 24 hour, 5 day Phone Support (M-F) · Taskero Remote Monitoring Thermal CTP Solutions Sub Total $54,748 Plate Handling Equipment 1 Dart MA-L4300II for Dart III and 4300 series Features: · Dart 4300 MAL Cassette Autoloader · Multi-cassette system · Three cassettes come standard three cassette maximum · 100 plates and interleaf capacity per cassette maximum 300 plates on-line · Automatic interleaf removal · Supports a minimum plate size of 12' x 14 9/16 · Supports: Dart 4300 E & 4300 S including models with small plate and/or 12mm clamp option Includes: · Three month manufacturer warranty (includes all parts labor and travel) 1 Dart MAL Installation Dart MAL Installation Includes: · Installation of device · Training 1 Dart MAL First Year Preferred CSA Dart MAL First Year Preferred Customer Support Agreement with Processor Coverage Period Is 9 Months From End of Warranty Includes the following coverage from 8am-5pm, M-F: · 100% discount on Labor and Travel Charges · 100% discount on non-Consumable Parts · 100% discount on Shipping Charges for covered parts · 24 hour, 5 day Phone Support (M-F) · Taskero Remote Monitoring 110290 Monday, June 01, 2015 Dart Thermal 4-up Platesetter & XMF Workflow Plate Handling Equipment - Continued 1 Nita PROLESS 36' Plate Stacker Plate Handling Equipment Sub Total $42,696 Workflow Solutions 1 XMF Workflow by Fujifilm - v6 - 4up Features: · Core JDF Architecture · Adobe PDF Print Engine RIP (APPE) · Unlimited Mac & PC Workflow Clients Including Imposition · Integrated Imposition with JDF Folding Library · Adobe In-Rip Trapping with Zonal Trap Plug-In · Integrated Enfocus Preflight Profiles and Action Lists · PDF Page Box Editing and Page Splitting Capabilities · 3D Viewer, Single Page and Imposition Viewers · XMF Job Archiving · Flexible Workflow Automation using Templates · Ink Management of Special Colors, Global and Job Level · One High Resolution Export Driver · One Low Resolution Export Driver · Fujifilm Co-Res Advanced Screening · DVD and Dongle 1 XMF Additional 4up LR Output Driver Features: · Adds additional Low Resolution 4up Driver to XMF 1 XMF 2up LR Output Driver Features: · Adds 2up Low Resolution Proofer Driver to XMF 1 XMF Parallel Converter Kit Features: · Interface for Fujifilm Javelin and Dart CTP Includes: · Interface Box · PIF Cable · 100ft CAT6 Network Cable 110290 Monday, June 01, 2015 Dart Thermal 4-up Platesetter & XMF Workflow Workflow Solutions - Continued 1 XMF Central Server Gen4 2650V2 · · · · · · · · · · · · · · · · · · · · · 1 One (1) Server Pedestal Chassis with Single 600W Power Supply Eight (8) drive bays One (1) Intel Dual Socket S2600 Server Motherboard One (1) Intel Xeon E5-2650V2 Processor – 2.6GHz 8 Cores 32 Gigabytes DDR3 1600GHZ Memory 4 x 8 Gigabyte DIMMs Quad-channel Memory One (1) 120GB Intel Solid State SATA Disk Drive for OS Five (5) 1TB, 10K Western Digital VelociRaptor Disk Drives 1.8 TB RAID 0+1 (Stripe and mirrored) Fifth drive assigned as hot spare One (1) LSI RAID Eight Channel Controller with Battery Backup Four (4) Intel 10/100/1000 Copper Gigabit Embedded on MB One (1) Dual Layer DVD +/- RW drive One (1) Logitech USB mouse and keyboard One (1) 21.5” ASUS LCD display (1920 x 1080 resolution) One (1) Microsoft Windows 2012 Server 64-bit OS with media One (1) Acronis True Image Recovery Software – Server Edition 48 Hour burn in and stress test at factory 24 x 7 phone support for hardware and operating system Three Year parts and labor warranty XMF PC Hardware/Software Integration Features: · NEW XMF System setup. Includes: · Installation/configuration of XMF components into customer production environment. · MANDATORY with ALL NEW XMF System sales. 1 XMF Integration of InkJet Engine Features: · Integration of InkJet Engine Driven by XMF at time of Workflow implementation. Includes: · ONE - IJ Engine setup and pleasing color ColorMatch. Requires: · PSG XMFA Options: · PSG ICMA for additional pleasing ColorMatches on same visit. · ColorPath SYNC DLP for critical Color matches using approved IJ engines. Please consult wth PSG team. 110290 Monday, June 01, 2015 Dart Thermal 4-up Platesetter & XMF Workflow Workflow Solutions - Continued 1 XMF OnSite Workflow Operator Training Features: · Base implementation of XMF configuration. · Allows for 3 consecutive days on-site behind XMF System setup. Includes: · Functional operator training of XMF System for up to 3 operators trained concurrently at time of initial delivery. Requires: · PSG XMF Options: · PSG XMFIJ · PSG XMFP · PSG XMFE 1 XMF Workflow by Fujifilm - Annual Customer Support Agreement Includes: · Toll-Free Phone Support, M-F, 7:00am - 7:00pm (DST) · Remote Access Support · All Point and Version upgrades made available during Coverage Period 1 XMF Followup Visit System Workflow Training Follow-up Visit XMF System Workflow Training 110290 Workflow Solutions Sub Total $37,800 Grand Total $135,244 Monday, June 01, 2015 Dart Thermal 4-up Platesetter & XMF Workflow Acceptance NOTE: Freight charges, sales taxes (if applicable), and installation costs, unless included in the proposal, will be determined at the time of delivery, and shall be paid by Purchaser to FNAC within 30 days after installation of the Equipment. The Pricing on this proposal will be valid for thirty days from the date printed on this proposal. All specifications are believed to be accurate, but are subject to change without notice. This proposal is for discussion purposes only, and is subject to and contingent upon the mutual execution of a formal written agreement satisfactory to all parties which contains all material business terms. Neither party shall be bound unless and until such formal written agreement is mutually approved and executed. COMPTON CITY 110290 FUJIFILM North America Corporation (FNAC) By: By: Title: Title: Date: Date: Monday, June 01, 2015 Dart Thermal 4-up Platesetter & XMF Workflow Leasing Options Fujifilm has relationships with several leasing and/or financing companies as to enable you to acquire the equipment you need. Our leasing relationships may assist you in securing competitive rates and optimum financial benefits for you. The figures noted below are based on current rates excluding freight and optional service contracts. They are sample lease rates only to illustrate the options that may be available to you. Actual rates are subject to change without notice. Contact David Stearns at (847) 458-0191 for current rates and leasing programs being made available for Fujifilm customers. Amount Financed: $135,244 Finance Lease Term Monthly Payment 36 Months $4,274 48 Months $3,294 60 Months $2,705 June 2015 Rates · · · · · 110290 Rates will fluctuate and become fixed on the Equipment Acceptance Date Subject to Credit Approval Financing estimates do not include local fees and/or taxes $1 Purchase Option on all leases Not including "Optional Equipment" proposed Monday, June 01, 2015 Dart Thermal 4-up Platesetter & XMF Workflow Optional Items Workflow Solutions 1 XMF Additional 4up LR Output Driver $825 Features: · Adds additional Low Resolution 4up Driver to XMF 1 XMF CIP4 to Press Export Option $4,900 Features: · CIP data export for automated ink key set-up at press Requires: · Press must be capable of accepting CIP data · Implementation of CIP3/4 Option - PSG-XMFP 1 XMF Native File Archive Option $4,350 Enables XMF archive feature to include native desktop application files within the XMF job archive. The options listed above are not reflected in the total proposal package price listed in the previous pages 110290 Monday, June 01, 2015 XMF Workflow PRODUCT BROCHURE Intelligent workflow technology for today and tomorrow Workflow XMF WORKFLOW WORKFLOW & PRODUCTION SOFTWARE XMF Workflow Workflow is a crucial function at the heart of any print operation, whether offset, digital or a combination of both. XMF Workflow is a powerful and flexible production hub that is built around PDF and JDF technologies to offer a rich set of capabilities in pre-flighting, color management, imposition and screening for a variety of output devices that include platesetters, digital presses and Fujifilm’s J Press 720 digital inkjet press. One of the most comprehensive workflow platforms for managing integrated production, XMF Workflow has been designed to meet the production demands of sheetfed, web, and digital print companies. Based on Adobe’s PDF Print Engine (APPE), XMF Workflow has, from its inception, led the way in combining the creative depth of Adobe’s Creative Suite applications with streamlined print production. XMF Workflow brings together Fujifilm’s expertise in color, imposition, and workflow production to allow printers to increase efficiency and productivity while maintaining high-quality production at all times. Built for speed and efficiency available in XMF Workflow – preflighting, trapping, and, of course, color XMF Workflow has tools to improve management, all alongside Fujifilm’s efficiencies throughout your business, handling complex PDFs with ease. Using advanced imposition functions. Fujifilm’s ‘Pure PDF’ implementation Built for digital and offset of the Adobe PDF Print Engine, XMF Workflow ensures that supplied files can The XMF Workflow suite of solutions be processed extremely quickly. And, provides true cross-media capability. because XMF Workflow uses the latest With the ability to prepare a PDF for Adobe technology, keeping up with either CTP or digital output at the click applications is simple. of a mouse, XMF Workflow automatically applies the appropriate imposition, color Built for automation and management and screening settings, flexibility maintaining data integrity and color consistency throughout. XMF Workflow Although easy to use, with a ‘one also allows for sections to be output to screen’ production window, XMF digital presses for proofing purposes. Workflow provides complete control and flexibility in production. And, with its JDF foundation, XMF Workflow is able to link easily to MIS systems, reducing job preparation time as well as providing real-time cost data. All the functions you would expect in a workflow are XMF Workflow supports both offset and digital presses, including Fujifilm’s J Press 720 B2 inkjet model. Built to help you add value Adding new services is key to retaining and gaining business. XMF Workflow enables you to create 3D digital mockups, complete with the ability to turn The ‘one-screen’ interface allows the user to define proofing and printing workflows, to view job content and structure, and to set up and preview impositions. XMF WORKFLOW WORKFLOW & PRODUCTION SOFTWARE virtual pages in the viewer, showing the effects of different paper types, and allows you to send these as standalone 3D virtual proofs to clients. The 3D mock-ups are created from APPErendered pages and the production imposition scheme and are therefore as close a representation of the printed product as you can get without actually putting ink on paper. Also, the optional XMF Workflow Remote module adds powerful web browser-based online job submission, previewing, annotation, and approval. This enables you to expand the range of remote services you offer your customers, speeding up job handoff, review, correction, and sign-off. Built to reduce costs Not only does XMF Workflow increase efficiency, but it can also reduce costs. Its intuitive, easy-to-use interface requires very little training, saving both time and money. And, its support for unlimited Mac and PC workflow clients allows unlimited imposition clients without having to pay for additional user licences. The 3D proof in XMF Workflow is created from the JDF imposition and rendered production files, giving the most accurate preview of content and form. Built to last Because XMF Workflow is built exclusively around the latest-generation APPE using Fujifilm’s ‘Pure PDF’ approach, it is considerably more efficient at handling the increasingly complex PDF files that both current and future creative applications will produce. This is complemented by integral JDF support, which delivers enhanced communication between applications, The powerful Section Proof feature allows jobs that are imposed for offset press to be split apart and re-imposed for a smaller digital press automatically. This is done using JDF information so there is no chance pages will be in the wrong sequence from offset forms to digital press proofs. pre-press, press, and finishing equipment as part of an information-rich production environment, bringing full visibility of job progress and costs. XMF Workflow is also highly scalable, with the ability to add multiple additional servers to support growing production facilities or customer demand. Together, these factors make XMF Workflow a sound investment in the future of your print production. XMF WORKFLOW WORKFLOW & PRODUCTION SOFTWARE XMF Workflow at a glance XMF Workflow combines key industry-standard and Fujifilm-specific technologies to deliver a comprehensive workflow with a wide range of advanced capabilities as standard. Key components and capabilities of XMF Workflow include: Adobe PDF Print Engine XMF Workflow is based on Adobe’s native PDF rasterizer, which is capable of rapidly processing the most complex PDFs with ease. Pre-flighting XMF Workflow can pre-flight and automatically correct common PDF errors as files enter the system. Color management XMF Workflow incorporates advanced standalone color capabilities and XMF ColorPath Organizer, a gateway to the XMF ColorPath cloud-based color management system. Trapping XMF Workflow employs Adobe in-RIP trapping for automatic application of advanced trapping optimized for each output device. XMF Workflow Impose XMF Workflow applies sophisticated imposition as appropriate for digital, sheet-fed and web offset printing. Section proofing XMF Workflow offers the ability to use digital presses to create physical mock-ups of offset print jobs. 3D proofing XMF Workflow can generate 3D proofs from APPE RIPped data that can simulate different stock, finishing and folding options. JDF Connect XMF Workflow provides an open interface to MIS systems that allows automatic job creation directly from MIS. DFE JDF integration XMF Workflow supports open connectivity with the digital frontends for a variety of digital print systems. Please contact FUJIFILM for further information. FUJIFILM North America Corporation Graphic Systems Division [email protected] phone: 800-877-0555 www.fujifilmgraphics.com Specifications are subject to change without notice. The name FUJIFILM and the FUJIFILM logo are trademarks of FUJIFILM Corporation. All other trademarks shown are trademarks of the owners. All rights reserved. xmfworkflow_r1 RESOLUTION SIGN-OFF FORM DEPARTMENT: City Clerk RESOLUTION TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO A SALES AND MULTI-YEAR MAINTENANCE AGREEMENT WITH HEIDELBERG USA, INC. FOR THE PURCHASE OF A SUPRASETTER A52 GEN III PLATE MAKER PROCESSOR ($156,146.23) Vernell McDaniel 7/22/2015 3:15:55 PM DEPARTMENT MANAGER’S SIGNATURE DATE REVIEW / APPROVAL Ruth Rugley 8/26/2015 5:43:42 PM CITY ATTORNEY DATE Stephen Ajobiewe 7/23/2015 11:55:52 AM CITY CONTROLLER DATE Johnny Ford 7/22/2015 6:33:56 PM CITY MANAGER DATE Use when: Public Works: When contracting for Engineering Services. City Attorney: When contracting for legal services; contracts that require City Attorney’s review. Controller/Budget Officer: Amending Budget; appropriating and/or transferring funds; adding and/or deleting positions; any resolution having account numbers. Asst. City Manager/OAS: All personnel actions. September 1, 2015 TO: MAYOR AND CITY COUNCIL MEMBERS FROM: CITY CLERK SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO PURCHASE A CERTIFIED HEIDELBERG 10X15 PRINTING PRESS FROM AND ISSUE A PURCHASE ORDER TO APEX BUSINESS MACHINE SUPPLIES IN THE AMOUNT OF $93,800 SUMMARY The City Council will consider adopting a resolution authorizing the City Manager to purchase a Certified Heidelberg 10x15 Printing Press from Apex Business Machine Supplies in the amount of $93,800.00 BACKGROUND The Reprographics Division of the City Clerk’s Office currently outsources the production of tickets, invoices, voucher books, folders, certificates and other items requiring a printing press. By purchasing the Heidelberg 10x15 Printing Press the City will be able to bring this service inhouse and reduce the cost of production from outside vendors. STATEMENT OF ISSUE In June 2015, staff solicited proposals to identify a qualified vendor to provide a Heidelberg 10x15 Printing Press and technical support. Proposals/bids were submitted by four (4) companies as follows: APEX BUSINESS MACHINE SUPPLIES COUNT NUMBERING MACHINE, INC. ROLLEM INTERNATIONAL THERM-O-TYPE CORP. $ 85,000.00 $ 91,015.00 $123,800.00 $139,450.00 Staff reviewed the proposals/bids and determined that Apex Business Machine Supplies provided the lowest most responsive bid. Apex Business Machine Supplies has been providing services to the City of Compton for over twenty five (25) years and understands and will accept payment under the City’s purchase order guidelines. The Certified Heidelberg 10x15 Printing Press costs $85,000.00, and is a special order item. It should be noted that tax and shipping is not included in any of the quotes. Staff Report – Resolution Authorizing Purchase of Heidelberg Printing Press from Apex Business Machine Supplies September 1, 2015, page 2 FINANCIAL IMPACT The cost of the equipment including tax and shipping is Ninety Three Thousand Eight Hundred Dollars ($93,800.00). Funds for this purchase have been identified in the City Clerk’s 20152016 Fiscal Year budget in Account No. 6200-47-0000-4334. RECOMMENDATION Staff recommends adoption of the attached Resolution. ALITA GODWIN, CMC CITY CLERK APPROVED FOR FORWARDING: JOHNNY FORD CITY MANAGER RESOLUTION NO. ______________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO PURCHASE A CERTIFIED HEIDELBERG 10X15 PRINTING PRESS FROM AND ISSUE A PURCHASE ORDER TO APEX BUSINESS MACHINE SUPPLIES IN THE AMOUNT OF $93,800 WHEREAS, the Reprographics Division of the City Clerk’s Office currently outsources the production of tickets, invoices, voucher books, folders, certificates and other items requiring a printing press; and WHEREAS, by purchasing the Heidelberg 10x15 Printing Press the City will be able to bring this service in-house and reduce the cost of production from outside vendors; and WHEREAS, in June 2015, staff solicited proposals to identify a qualified vendor to provide a Heidelberg 10x15 Printing Press and technical support and received proposals/bids from four (4) companies as follows: APEX BUSINESS MACHINE SUPPLIES COUNT NUMBERING MACHINE, INC. ROLLEM INTERNATIONAL THERM-O-TYPE CORP. $ 85,000.00 $ 91,015.00 $123,800.00 $139,450.00 WHEREAS, staff reviewed the proposals/bids and determined that Apex Business Machine Supplies provided the lowest most responsive bid; and WHEREAS, funds for this expenditure, including tax and shipping have been allocated in the City Clerk’s 2015-2016 Fiscal Year Budget. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Manager is hereby authorized to purchase a Certified Heidelberg 10x15 Printing Press from Apex Business Machine Supplies in the amount of $93,800.00. SECTION 2. That a purchase order is authorized to be issued to Apex Business Machine Supplies in an amount not-to-exceed Ninety Three Thousand Eight Hundred Dollars ($93,800.00). SECTION 3. That funds for this purchase are available in the City Clerk’s 20152016 Fiscal Year budget in Account No. 6200-4700-000-4334. SECTION 4. That a copy of this Resolution shall be filed in the Offices of the City Manager, City Controller and City Clerk. SECTION 5. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution. ADOPTED this ____ day of ____________, 2015. ________________________________ MAYOR OF THE CITY OF COMPTON Resolution No. _______ Page 2 ATTEST: _____________________________________ CITY CLERK OF THE CITY OF COMPTON STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON ) ) ss ) I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor and attested to by the City Clerk at a regular meeting thereof held on the ____ day of ___________________, 2015. That said Resolution was adopted by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERS– COUNCIL MEMBERS– COUNCIL MEMBERS– COUNCIL MEMBERS– ____________________________________ CITY CLERK OF THE CITY OF COMPTON $90, 000. 00 $90, 000. 00 $91, 015. 00 $8, 191. 35 $99, 206. 35 $99, 206. 35 City of Compton 205 S. Willowbrook Avenue Compton, CA 92553 Attn: Kenny Quotation for Numbering, Perf and Score equipment: 1 ea. New 18” Auto 4 CPS with standard equipment, two 8 digit “No” heads 2 perf heads #13 blade, 1 score head #4……………………………………….$123,800.00 OR 1 ea. Refurbished 18” Auto 4 CPS with standard equipment, two 8 digit “No” Heads, 2 perf heads #13 blade, 1 score #4…………………………………….$93,900.00 OR 1 ea.Refurbished 18” Standard Auto 4 w/ standard equipment, two 8 digit “No” Heads, 2 perf heads #13 blade, 1 score #4……………………………………$88,500.00 • • • All equipment above has a “new machine” warranty for 1 year Refurbished equipment is based on availability Freight and Installation on the above equipment is $300 Thank you and best regards, Doug Sherwood Vice President/Western Division [email protected] Rollem International www.rollemusa.com Reprographic Services City of Compton 205 S. Willowbrook Ave. Compton, CA 90220 Attn: John Phillips Dear John, Thanks for calling today about a foil press. The last Elite I installed in California was in a plant just north of LA. I am pleased to quote you the foil press you requested. This is a very popular press for most work. It has many exclusive features that make is easy to learn to operate and produce work on. Three days of training comes with the press, but you are responsible for airfare, hotel, car rental and all expenses. A foil cutter is included in what I call a virgin installation and just about everything else that you will need to get started. When I see what kind of work you are doing I can recommend the right kind of foil. I seem to have the right touch when teaching people how to foil stamp. You can get all the particulars on our web page. If you have any questions, just give me a call. 1 1 1 6 1 1 1 1 1 1 1 1 2 3 1 1 1 1 1 2 1 1 1 1 SF-2698 NSF ELITE Includes: SF-2277 ¼” Die Chase-10/32 SF-2700 Letter Press Chase MFC-029 Foil Cutter – Electric BUNTERPOST Bunter Posts @ 11.60 BUNTERWRENCH Bunter Post Wrench 12.25 Quoin 6” Quoin 6” Quoin 3” Quoin 3” Quoin Key Quoin Key TAPE-CO2 Overlay Tape, 2” TST-12 Two Sided Tape 12” Roll CCK Counter Cast Kit PRIMER Primer PH-11 9x11” Phenolic Board @ $3.15 MATRIX-WHT-24 Matrix Creasing White #50 @$4.60 PERFORATING-R/8 Rule – Perf 8 Tooth – 12” SCORING-RULE Rule – Scoring – 12” GLUE Glue-Elmers Wood BRUSH-STIK-1 SPACER PKG-NSF ELITE MISC Perf Block with Foam Rubber MISC Box Assorted ¼” Dies For Training MISC Box Assorted Sample Foil For Training MISC Box Assorted Sample Foils For Foil Fusing Crating Charge Shipping (To be determined) Sincerely, Edwin E. “Ted” Van Pelt 137,000.00 0.00 675.40 1,195.00 69.60 $95.50 $89.95 $60.05 22.24 51.38 22.10 22.96 6.30 13.80 7.20 7.20 2.46 56.25 52.68 0.00 0.00 0.00 0.00 _______________ $139,450.07 500.00 THERM-O-TYPE Corp. 800-237-9630 941-488-0123 Ext: 247 941-485-6311 Fax [email protected] www.thermotype.com YouTube channel Google+ THERM-O-TYPE digital finishing products include NSF Elite/Excel die cutting/foil stamping/embossing presses, Zip cutter/slitter/creaser/finisher models, right angle slitters, traditional business card slitters, and foil fusing equipment. I am using the Free version of SPAMfighter. SPAMfighter has removed 504 of my spam emails to date. Do you have a slow PC? Try a free scan! Hot Foil Stamping Equipment and Presses - THERM-O-TYPE NSF Excel NSF Excel Hot Foil Stamping Press Espanol Foil Stamping Home HSFF Q&A / Terms NSF Series Foil Presses NSF A3+ with Feeder Print Video Clips Supplies Misc. Info Contact Us Cutter/Slitters Printable Product Data Sheet Zip Series Cutter/Slitters Right Angle Slitter New! RAS-mc/+ Foil Fusing Foil-Tech Models Freedom Foil Process Foil Fusing Q&A Business Card Slitters Gutter-Cut Slitters Thermography Handfed Models Aegis Watermark Chemistry & Supplies Find us on Facebook Follow us on Twittter Watch us on YouTube 800-237-9630 941-488-0123 Hours: 8-5 M-F EST Share Hot Foil Stamping Equipment and Presses - THERM-O-TYPE NSF Excel capabilities include flat foil stamping, blind and foil embossing, die cutting, kiss cutting, perforating, scoring, imprinting, numbering and HSFF (high speed foil fusing). Typical NSF Excel applications include greeting cards, business cards, stationery, invitations and announcements, commercial letterpress work as well as die cutting and enhancing digital output. Using the NSF Excel, customers can efficiently produce work at speeds up to 5,000 sheets per hour. The NSF Excel can run a 18.5" by 20" maximum sheet size with a 12" by 17.625" impression area. The NSF Excel is designed around a Windows based computer core with a full color display and touch screen interface. Paper registration, foil draw length, counter functions, jam detect/interrupt, double feed detect, speed and impression pressure functions are controlled and/or displayed through the computer/touch screen. Sensors monitor paper movement through the press. If a jam condition occurs, the machine will automatically drop off impression and stop. Jam condition information will then appear on the control display. The headstop paper sensor also confirms each sheet is ready to advance into the impression area. If a skip feed condition occurs, the NSF Excel will automatically drop off impression. When the next sheet is detected at the headstop, the machine will automatically return to the "On" impression position. The NSF Excel will not stop if a skip sheet error occurs. One feature that has proven popular with operators is the TDC and BDC (top dead center and bottom dead center) touch screen controls. TDC represents the most closed position of the imprint mechanism. BDC represents the most open position of the imprint mechanism. Using the TDC and BDC controls, operators can quickly and accurately set the initial impression pressure at the start of each job. This helps to eliminate the potential for smashing dies due to improper impression adjustment during set-up. Customers can batch count on the NSF Excel. To use this feature, the operator sets a batch quantity and a number of skip feed cycles in the touch screen control. Once programmed, the NSF Excel will run the desired batch quantity then skip feed the selected number of cycles to create a gap between batches on the delivery conveyor. The standard NSF Excel foil system includes dual foil support shafts, dual programmable foil draws, and four foil rewind shafts. Multiple foil draw lengths can be programmed to minimize foil waste. Up to 7.2" diameter foil rolls can be used and foil draw length can be adjusted while the machine is running. The NSF Excel features a computer controlled pneumatic centralized lubrication system. Lubrication cycles are activated as required using speed, impression pressure and run/idle time information collected and processed by the computer. The NSF Excel incorporates several important mechanical and electrical safety features. A dedicated 24-volt safety circuit with emergency stops switches; fail-to-safe relay and reset button have been installed. All controls and switches mounted to the control panel operate at 24volts or less. The NSF Excel feeder can hold a 32" high pile of stock. This feeder can be pre-loaded while the press is running to minimized down time. The combination of high capacity feeder and pre-loading significantly increases productivity, while reducing operator workload. http://www.thermotype.com/NSFExcel.html[7/13/2015 9:52:31 AM] Hot Foil Stamping Equipment and Presses - THERM-O-TYPE NSF Excel The NSF Excel is the culmination of over 25 years of collaborative work between major producers of foil stamped, embossed and die-cut products and THERM-O-TYPE Corporation. Exceptional fast set up, high productivity, accuracy and high quality output make the NSF Excel Foil Stamping Presses are the most profitable machine purchases you can make for your business. For more information on Hot Foil Stamping Equipment call 1-800-236-9630. Outside the United State call 1-941-488-0123. Home I Contact Us I E-mail I Copyright 2013 I All Rights Reserved I Made in the U.S.A I Quality, Service & Innovation http://www.thermotype.com/NSFExcel.html[7/13/2015 9:52:31 AM] RESOLUTION SIGN-OFF FORM DEPARTMENT: City Clerk RESOLUTION TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO PURCHASE A CERTIFIED HEIDELBERG 10X15 PRINTING PRESS FROM AND ISSUE A PURCHASE ORDER TO APEX BUSINESS MACHINE SUPPLIES IN THE AMOUNT OF $93,800.00 Vernell McDaniel 7/22/2015 3:29:41 PM DEPARTMENT MANAGER’S SIGNATURE DATE REVIEW / APPROVAL Ruth Rugley 8/13/2015 5:40:30 PM CITY ATTORNEY DATE Stephen Ajobiewe 7/23/2015 11:56:23 AM CITY CONTROLLER DATE Johnny Ford 7/22/2015 6:35:02 PM CITY MANAGER DATE Use when: Public Works: When contracting for Engineering Services. City Attorney: When contracting for legal services; contracts that require City Attorney’s review. Controller/Budget Officer: Amending Budget; appropriating and/or transferring funds; adding and/or deleting positions; any resolution having account numbers. Asst. City Manager/OAS: All personnel actions. September 1, 2015 TO: MAYOR AND CITY COUNCIL MEMBERS FROM: GLEN W.C. KAU, P.E., DIRECTOR PUBLIC WORKS/MUNICIPAL UTILITIES SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO EXECUTE ALL MATTERS RELATING TO THE STATE OF CALIFORNIA ACTIVE TRANSPORATION PROGRAM CYCLE I GRANT PROJECT AND REQUEST FOR PAYMENT NECESSARY TO SECURE GRANT FUNDS THERETO WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION SUMMARY Adoption of this resolution authorizes the City Manager to execute all matters relating to the State of California Active Transportation Program Cycle I Grant Project, including Program Supplements, Master Agreements and Right-of-Way Certifications; grant documents, including but not limited to applications, agreements, amendments, and request for payment necessary to secure grant funds thereto with the California Department of Transportation. BACKGROUND The State’s new Active Transportation Program (“ATP”) was established by the passage of Senate Bill 99 and Assembly Bill 101 in 2013. The program provides funding for projects that encourage the increased use of active transportation modes including bicycling and walking. Projects funded through ATP must meet at least one of the following program goals: • • • • • • Increase the percentage of trips accomplished by walking or bicycling Increase the safety and mobility of non-motorized users Advance the active transportation efforts of regional agencies to achieve Green House Gas reduction goals Improve public health including reduction of childhood obesity through the use of projects that are eligible for, but are not limited to Safe Routes to School funding Ensure that disadvantaged communities share in the program benefits Provide a wide spectrum of projects that benefit many types of active transportation users Staff Report – Resolution Authorizing Execution of Matters Relating to California ATP Cycle 1 Grant Project September 1, 2015, page 2 The Wilmington Avenue Safe Streets Pedestrian/Bicycle Improvements Project is a pedestrian and bicycle safety improvement project aimed to improve pedestrian and bicycle safety for the communities adjacent to the Wilmington Avenue transportation corridor by developing safer pedestrian crossings and intersections, as well as installing bicycle lanes to improve bicycle visibility and safety, thereby reducing collisions. The proposed pedestrian and bicycle safety improvements include the following: • • • • • • • • El Segundo Boulevard at Wilmington Avenue – Installation of wider and colored crosswalks, high visibility crosswalk striping, countdown pedestrian signals and enhanced pedestrian lighting 131st Street at Wilmington Avenue – Installation of wider crosswalks, high visibility crosswalk striping, countdown pedestrian signals and enhanced pedestrian lighting 133rd Street at Wilmington Avenue – Installation of wider sidewalks, pedestrian actuated traffic warning system, Rectangular Rapid Fire Beacon LED warning light and sign, and embedded LED flashing beacons Wilmington Avenue between 137th and 139th Streets – Installation of sidewalks along the westerly side of Wilmington Avenue Stockwell Street at Wilmington Avenue – Installation of wider crosswalks, high visibility crosswalk striping, countdown pedestrian signals and enhanced pedestrian lighting 139th Street at Wilmington Avenue – Installation of wider crosswalks, high visibility crosswalk stripping, countdown pedestrian signals and enhanced pedestrian lighting Wilmington Avenue between El Segundo Boulevard and Rosecrans Avenue – Installation of Class II bike lanes with advisory signage and installation of four (4) solar powered speed feedback signs for speed control and attainment Rosecrans Avenue between Wilmington Avenue and the Compton Creek – Installation of Class II bike lanes with way-finding signage to connect the Wilmington Avenue Class II bike lanes and El Segundo Boulevard. The need for this project came from concerned citizens and officials from the community and the Compton Unified School District regarding safe crossing of students at various intersections and improvements to access the Compton Creek Bike Path and bike safety along Wilmington Avenue. Students from Willowbrook and Davis Middle Schools, Harriet Tubman High School, Cesar Chavez Continuation School and Washington Elementary School directly access the Wilmington Avenue corridor and a majority of the students walk or bike along this route. Staff Report – Resolution Authorizing Execution of Matters Relating to California ATP Cycle 1 Grant Project September 1, 2015, page 3 STATEMENT OF ISSUE In September 2014, the staff received an official notice that the City of Compton was awarded an ATP grant for its submittal of the Wilmington Avenue Safe Streets Pedestrian/Bicycle Improvement Project and on July 20, 2015, the City received notification from the State of California Department of Transportation to provide an authorizing resolution that clearly identifies the project and the City officer authorized to execute various agreements. In order to provide an authorizing resolution that clearly identifies the project and the City officer authorized to execute various agreements, City Council approval is necessary. ALTERNATIVE There is no other alternative. This is required by the State of California Department of Transportation. FISCAL IMPACT None. RECOMMENDATION Staff recommends the City Council adopt the attached resolution GLEN W.C. KAU, P.E., DIRECTOR PUBLIC WORKS/MUNICIPAL UTILITIES DEPARTMENT APPROVED FOR FORWARDING JOHNNY FORD CITY MANAGER JF:GK:JS RESOLUTION NO. _________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO EXECUTE ALL MATTERS RELATING TO THE STATE OF CALIFORNIA ACTIVE TRANSPORTATION PROGRAM CYCLE I GRANT PROJECT AND REQUEST FOR PAYMENT NECESSARY TO SECURE GRANT FUNDS THERETO WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION WHEREAS, the State’s new Active Transportation Program (“ATP”) was established by the passage of Senate Bill 99 and Assembly Bill 101 in 2013; and WHEREAS, the program provides funding for projects that encourage the increased use of active transportation modes including bicycling and walking; and WHEREAS, the Wilmington Avenue Safe Streets Pedestrian/Bicycle Improvements Project is a pedestrian and bicycle safety improvement project aimed to improve pedestrian and bicycle safety for the communities adjacent to the Wilmington Avenue transportation corridor by developing safer pedestrian crossings and intersections, as well as installing bicycle lanes to improve bicycle visibility and safety, thereby reducing collisions; and WHEREAS, the proposed pedestrian and bicycle safety improvements include the following: • • • • • • • • El Segundo Boulevard at Wilmington Avenue – Installation of wider and colored crosswalks, high visibility crosswalk striping, countdown pedestrian signals and enhanced pedestrian lighting 131st Street at Wilmington Avenue – Installation of wider crosswalks, high visibility crosswalk striping, countdown pedestrian signals and enhanced pedestrian lighting 133rd Street at Wilmington Avenue – Installation of wider sidewalks, pedestrian actuated traffic warning system, Rectangular Rapid Fire Beacon LED warning light and sign, and embedded LED flashing beacons Wilmington Avenue between 137th and 139th Streets – Installation of sidewalks along the westerly side of Wilmington Avenue Stockwell Street at Wilmington Avenue – Installation of wider crosswalks, high visibility crosswalk striping, countdown pedestrian signals and enhanced pedestrian lighting 139th Street at Wilmington Avenue – Installation of wider crosswalks, high visibility crosswalk stripping, countdown pedestrian signals and enhanced pedestrian lighting Wilmington Avenue between El Segundo Boulevard and Rosecrans Avenue – Installation of Class II bike lanes with advisory signage and installation of four (4) solar powered speed feedback signs for speed control and attainment Rosecrans Avenue between Wilmington Avenue and the Compton Creek – Installation of Class II bike lanes with way-finding signage to connect the Wilmington Avenue Class II bike lanes and El Segundo Boulevard. WHEREAS, in September 2014, staff received an official notice that the City of Compton was awarded an ATP grant for its submittal of the Wilmington Avenue Safe Streets Pedestrian/Bicycle Improvement Project and on July 20, 2015, the City received notification from the State of California Department of Transportation to provide an authorizing resolution that clearly identifies the project and the City officer authorized to execute various agreements; and WHEREAS, the various agreements include the Program Supplemental Agreements, Master Agreements and Right-of-Way Certifications, Grant documents, including but not limited to, applications, agreements, amendments, and request for payment necessary to secure grant funds and implement the approved grant project thereto with the California Department of Transportation before such funds could be claimed; and Resolution No. _______ Page 2 WHEREAS, the City wishes to delegate authorization to execute these agreements and any amendments thereto to the City Manager. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. That the City Manager, on the advice and approval of the City Attorney is hereby authorized to execute all necessary Program Supplemental Agreements, Master Agreements and Right-of-Way Certifications, Grant documents, including but not limited to, applications, agreements, amendments, and request for payment necessary to secure grant funds and implement the approved grant project thereto with the California Department of Transportation for the Wilmington Avenue Safe Streets Pedestrian/Bicycle Improvements Project. SECTION 2. That a certified copy of this Resolution be filed in the offices of the City Manager, City Attorney, Public Works/Municipal Utilities, City Controller and City Clerk. SECTION 3. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution. ADOPTED this ____ day of ____________, 2015. ________________________________ MAYOR OF THE CITY OF COMPTON ATTEST: _____________________________________ CITY CLERK OF THE CITY OF COMPTON STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON: ss I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor, and attested by the City Clerk at a regular meeting thereof held on the ____ day of __________________, 2015. That said Resolution was adopted by the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERS- ___________________________________ CITY CLERK OF THE CITY OF COMPTON RESOLUTION SIGN-OFF FORM DEPARTMENT: Public Works-Engineering RESOLUTION TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO EXECUTE ALL MATTERS RELATING TO THE STATE OF CALIFORNIA ACTIVE TRANSPORATION PROGRAM CYCLE I GRANT PROJECT AND REQUEST FOR PAYMENT NECESSARY TO SECURE GRANT FUNDS THERETO WITH THE CALIFORNIA DEPARTMENT OF TRANSPORTATION Glen Kau 8/18/2015 7:10:12 PM DEPARTMENT MANAGER’S SIGNATURE DATE REVIEW / APPROVAL Ruth Rugley 8/23/2015 10:17:57 AM CITY ATTORNEY DATE Stephen Ajobiewe 8/20/2015 11:28:56 AM CITY CONTROLLER DATE Johnny Ford 8/19/2015 3:57:56 PM CITY MANAGER DATE Use when: Public Works: When contracting for Engineering Services. City Attorney: When contracting for legal services; contracts that require City Attorney’s review. Controller/Budget Officer: Amending Budget; appropriating and/or transferring funds; adding and/or deleting positions; any resolution having account numbers. Asst. City Manager/OAS: All personnel actions. September 1, 2015 TO: MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 24,145 AND APPROVING AN AMENDMENT TO THE POSITION CLASSIFICATION PLAN REVISING THE CLASSIFICATION SPECIFICATIONS FOR HUMAN RESOURCES SPECIALIST, HUMAN RESOURCES ANALYST AND DIRECTOR OF COMMUNITY DEVELOPMENT SUMMARY The City Council will consider a resolution amending the Position Classification Plan, adoption of which will revise the classification specifications for Human Resources Specialist, Human Resources Analyst and Director of Community Development and rescinding Resolution No. 24,145. BACKGROUND The City Manager authorized a review of the City’s current Position Classification Plan for the positions of Human Resources Specialist, Human Resources Analyst and Director of Community Development. On May 21, 2014, the City and representatives of Compton Management Employees Association/AFSCME Local 2325, met, conferred and agreed regarding the proposal to revise the classification specifications of Human Resources Specialist, Human Resources Analyst and Director of Community Development. Pursuant to the Compton City Charter, Sections 1010 and 1103, on June 19, 2014 and August 21, 2014, the Personnel Board conducted a duly noticed public hearing on the City’s request to amend the Position Classification Plan. Following the close of the public hearings, the Personnel Board did vote to recommend to the City Council adoption of the proposed amendment to the Position Classification Plan revising the classification specifications for the positions of Human Resources Specialist, Human Resources Analyst and Director of Community Development. STATEMENT OF ISSUE After review of the aforementioned position classifications, the City Manager has determined that in order to serve the City’s best needs, these positions should be revised as follows: Staff Report – Resolution Amending Position Classification Plan Revise Positions of HR Specialist, HR Analyst, Director Community Development September 1, 2015, page 2 Human Resources Specialist: The primarily revision to the specifications is the addition of related experience which may be substituted for education on a year for year basis. Human Resources Analyst: The primary revisions are to appropriately allocate duties and more accurately reflect the tasks performed in this classification. Minimum experience has also been expanded to include experience in two (2) or more of the following fields: recruitment and selection, classification and compensation, labor relations or benefits administration. Director of Community Development: The primary revisions increase the range of minimum experience from five (5) years to five (5) to ten (10) years in core areas and an additional five (5) years of supervisory/managerial experience. Subsequent to adoption of Resolution No. 24,145 on May 19, 2015, it was discovered that the minimum qualifications in the Human Resources Analyst classification specifications, attached to Resolution No. 24,145 did not reflect the changes approved by the Personnel Board. The Board approved and recommended revision of the Minimum Qualifications (Educations and Experience section) requirement by adding “benefits administration” for the position. FINANCIAL IMPACT Adoption of this resolution will not have a financial impact on the City’s 2014-2015 Fiscal Year budget in that these positions and salaries are already allocated in this year’s budget. ALTERNATIVE None presented. Through inadvertence the classification specifications for Human Resources Analyst, adopted pursuant to Resolution No. 24,145, was not the correct specification recommended by the Personnel Board, thus, Resolution No. 24,145 needs to be rescinded and the attached resolution (including revised classification specifications for all three positions) adopted. RECOMMENDATION It is recommended that the attached Resolution be adopted by the City Council. JOHNNY FORD CITY MANAGER RESOLUTION NO.__________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 24,145 AND APPROVING AN AMENDMENT TO THE POSITION CLASSIFICATION PLAN REVISING THE CLASSIFICATION SPECIFICATIONS FOR HUMAN RESOURCES SPECIALIST, HUMAN RESOURCES ANALYST AND DIRECTOR OF COMMUNITY DEVELOPMENT WHEREAS, the City Manager authorized a review of the City’s current Position Classification Plan for the positions of Human Resources Specialist, Human Resources Analyst and Director of Community Development; and WHEREAS, after review of the aforementioned position classifications, the City Manager has determined that in order to serve the City’s best needs, these positions should be revised; and WHEREAS, on May 21, 2014, the City and representatives of Compton Management Employees Association/AFSCME Local 2325, met, conferred and agreed regarding the proposal to revise the classification specifications of Human Resources Specialist, Human Resources Analyst and Director of Community Development; and WHEREAS, pursuant to the Compton City Charter, Sections 1010 and 1103, on June 19, 2014 and August 21, 2014, the Personnel Board conducted a duly noticed public hearing on the City’s request to amend the Position Classification Plan; and WHEREAS, following the close of the public hearings, the Personnel Board did vote to recommend to the City Council adoption of the proposed amendment to the Position Classification Plan revising the classification specifications for the positions of Human Resources Specialist, Human Resources Analyst and Director of Community Development; and WHEREAS, on May 19, 2015, the City Council adopted Resolution No. 24,145, which approved amendments to the Position Classification Plan by adopting revised specifications for the positions of Human Resources Specialist, Human Resources Analyst and Director of Community Development; and WHEREAS, subsequent to adoption of Resolution No. 24,145, it was discovered that the minimum qualifications in the Human Resources Analyst classification specifications, attached to Resolution No. 24,145 did not correctly reflect the changes approved by the Personnel Board; and WHEREAS, adoption of this resolution will not have a financial impact on the City’s 2015-2016 Fiscal Year budget in that these positions and salaries are already allocated in this year’s budget. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That Resolution No. 24,145, adopted by the City Council on May 19, 2015, is hereby rescinded. Section 2. That the revised classification specifications for Human Resources Specialist is hereby approved and added to the Position Classification Plan of the City of Compton. Resolution No. _______ Page 2 Section 3. That the revised classification specifications for Human Resources Analyst is hereby approved and added to the Position Classification Plan of the City of Compton. Section 4. That the revised classification specifications for Director of Community Development is hereby approved and added to the Position Classification Plan of the City of Compton. Section 5. That the existing classification specifications for Human Resources Specialist, Human Resources Analyst and Director of Community Development are hereby abolished. Section 6. That a duly certified copy of this Resolution shall be filed in the offices of the City Manager, City Controller and Human Resources Department. Section 7. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution. ADOPTED this ___ day of ___________, 2015. ________________________________ MAYOR OF THE CITY OF COMPTON ATTEST: ____________________________________ CITY CLERK OF THE CITY OF COMPTON STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON: ss I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor and attested by the City Clerk at a regular meeting thereof, held on the ____ day of ________________, 2015. That said Resolution was adopted by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: COUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERS- ____________________________________ CITY CLERK OF THE CITY OF COMPTON City of Compton HUMAN RESOURCES SPECIALIST Department: Human Resources Class Code: 1507 Revised Date: June 2014 FLSA Status: Non-Exempt Personnel Board Approved: 08/21/2014 Council Approved: 5/19/2015 Resolution No. 24,145 Bargaining Unit: Miscellaneous and Confidential GENERAL PURPOSE: Under general supervision, performs confidential paraprofessional to professional human resources work including—but not limited to—recruitment and selection, classification and compensation, benefits administration and special projects. SUPERVISION RECEIVED/EXERCISED: Under general supervision of the Human Resources Analyst. DISTINGUISHING CHARACTERISTICS: Incumbents in this classification will be expected to effectively perform varied technical tasks which are necessary to carry out the City’s human resources management program. Typical assignments may occasionally involve field work for the collection of data, administration of examinations, or coordination of special presentations, training and other group activities. PRIMARY DUTIES AND RESPONSIBILITIES: The following essential functions are those that are critical, integral, necessary, crucial, primary and fundamental to the job. Incumbents who possess the requisite skill, experience, education, and other job-related requirements of a position are expected to perform the essential functions of the job with or without a reasonable accommodation. The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position-specific duties. • • Performs routine duties required to carry out the City’s personnel selection process, including preparation of recruitment bulletins and advertising; screen job applications, schedule, conduct and score examinations; notification to applicants; conducting background investigations; reviewing proposed personnel actions; prepare correspondence and reports. Assists with the preparation of class specifications; assists with conducting classification, compensation and benefits surveys. • May administer a variety of benefits programs offered by the City, including medical, dental, vision, life insurance and other programs. Verifies and inputs data directly into various systems; processes enrollments for all insurance programs; monitors and verifies dependent eligibility for benefits; processes COBRA enrollments; monitors retirees activity and benefits enrollments coordinating with PERS, Social Security, Medicare and COBRA. • Interprets and explains the provisions of memoranda of agreements, the City Charter, the Municipal Code, Personnel Rules and Regulations, and administrative policies and procedures; collects and analyzes data concerning policies, procedures, rules or regulations and prepares reports of recommendations. Performs research related to confidential human resources issues. Maintains employee data using the HRIS. Prepares or edits various publications, documents, correspondence and reports. Assists in conducting classification study projects. Conducts or assists in the planning and coordination of employee training, development, special services, new employee’s orientation and processing, fringe benefits programs, and other presentation or group activities. • • • • • Human Resources Specialist City of Compton Human Resources Specialist PRIMARY DUTIES AND RESPONSIBILITIES (Continued): • • May act as staff support to Labor Relations Analyst or Human Resources Analyst. Perform other related duties as required. MINIMUM QUALIFICATIONS: Education and Experience: • Education: A Bachelor’s Degree from an accredited college or university with a major in personnel, public or business administration or a related field; AND three (3) years of full-time paid sub-professional to professional work experience in public agency human resources or personnel department. Related experience may substitute education on a year for year basis. Required Licenses or Certifications: • Must possess a valid California Class C Driver’s License. Required Knowledge of: • • • • • • • • Human resources practices, procedures and applicable federal and state laws and regulations affecting the public sector. Basic principles of public personnel administration. Modern and effective methods of data collection, analysis and presentation. Modern and effective methods of administrative work planning, scheduling and coordination; principles of report-writing and recordkeeping. Recruitment, selection and testing techniques. Recordkeeping principles and procedures. Research and analytical methodologies. Human resource information systems. Required Skill in: • • • • • • • • • • • • • Analyze and interpret the provisions of policies, rules and laws affecting public personnel administration. Prepare clear, concise reports and correspondence. Plan, coordinate and schedule the delivery of information and services to employees and the public. Make effective oral presentations. Analyze and interpret administrative and technical problems and to report sound conclusions and recommendations. Perform mathematical calculations with speed and accuracy. Communicate effectively, orally and in writing. Set up and maintain computerized office files and other documents. Demonstrate proper use of English and grammar in speech and in report writing. Maintain confidential information, records and reports. Establish and maintain cooperative relationships with all persons contacted during the course of work performance. Operate computers and related software. Meet physical and health status requirements for this classification and work category as outlined in the City’s Medical Standards for Applicants and Employees. Physical Demands / Work Environment: • Work is performed indoors in an office setting which is primarily sedentary. • Work requires frequent light lifting, carrying and on occasion driving. • Moderate finger dexterity and near vision is required. • May require vision (which may be corrected) to read small print. Human Resources Specialist - Page 2 of 3 City of Compton Human Resources Specialist • • • • • May require mobility of arms to reach and dexterity of hands to grasp and finger manipulation. May be are subject to environmental conditions. May be required to work at a computer terminal for prolonged periods. May perform lifting, pushing and/or pulling which does not exceed 25 pounds and is an infrequent aspect of the job. May be required to work evenings and/or weekends. Human Resources Specialist - Page 3 of 3 City of Compton CORRECTED REVISION HUMAN RESOURCES ANALYST Department: Human Resources Class Code: 1505 Revised Date: June 2014 FLSA Status: Non-Exempt Personnel Board Approved: 6/19/2014 Bargaining Unit: AFSCME 2325 Council Approved: 07/20/10 Resolution No. 23,161 GENERAL PURPOSE: Under general supervision, participates in the full range of human resources programs ensuring compliance with City and federal employment related guidelines, with primary responsibility for overseeing employee development programs and initiatives, conducts research, investigates employee or applicant complaints; and performs other related duties. SUPERVISION RECEIVED/EXERCISED: Works under the general supervision of the Director of Human Resources; supervises assigned administrative support personnel. DISTINGUISHING CHARACTERISTICS: This is the journey level in the Human Resources Analyst job series. This class may be distinguished from the lower (Specialist) level by the complexity and difficulty of work performed. PRIMARY DUTIES AND RESPONSIBILITIES: The following essential functions are those that are critical, integral, necessary, crucial, primary and fundamental to the job. Incumbents who possess the requisite skill, experience, education, and other job-related requirements of a position are expected to perform the essential functions of the job with or without a reasonable accommodation. The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position-specific duties. • May Exercise lead and/or functional supervision over technical and clerical staff. • Develops examinations; monitors recruitment and examination procedures for compliance with Federal, State and municipal regulations and City policies. • Develops, compiles and evaluates job analysis information and examination validation data; develops, compiles and analyzes statistical data and surveys. • Conducts and implements classification and organizational studies; research, analyze, audit, and participate in the maintenance of the City’s classification plan; conduct job classification analyses; prepare or revise class specifications; develop classification recommendations and reports. • May administer a variety of benefits programs offered by the City, including medical, dental, vision, life insurance and other programs. Verifies and inputs data directly into various systems; processes enrollments for all insurance programs; monitors and verifies dependent eligibility for benefits; processes COBRA enrollments; monitors retirees activity and benefits enrollments coordinating with PERS, Social Security, Medicare and COBRA. • Analyze, audit, and make recommendations for compensation administration; develop, analyze, and respond to salary and benefit surveys including establishing classification comparables. • Conducts routine personnel investigations, prepares summary reports and recommends disciplinary action. • May participate or assist in negotiations with recognized bargaining units by serving as a member of the City’s negotiating team; collecting and presenting data, conducting job audits, field inspections, and special investigations. Human Resources Analyst City of Compton Human Resources Analyst • Researches and investigates a variety of complaints, grievances, and charges and prepares responses. May counsel employees concerning personnel problems and other areas of the City’s personnel management program and services. PRIMARY DUTIES AND RESPONSIBILITIES (Continued): • Interprets and explains the provisions of memoranda of agreements, the City Charter, the Municipal Code, Personnel Rules and Regulations, and administrative policies and procedures; collects and analyzes data concerning policies, procedures, rules or regulations and prepares reports of recommendations. • Develops and maintains employee data using the HRIS. • Prepares reports, Council agenda items and correspondence. • Develops recommends, and implements new policies, rules and/or procedures; prepares publications and procedure manuals. • May develop, conduct and coordinate employee development and training. • Assists with preparation of City Council and Personnel Board agenda items and ensures that all documents (resolutions, ordinances, contracts and correspondence) are timely and complete. • Develops and prepares personnel actions forms in accordance with policies and procedures. • Assists with the administration of regulations and contract administration pertaining to special legislation or programs such as FMLA and SCAQMD Rule 2202 Trip Reduction Plan. • Interprets civil service regulations, union contracts, federal guidelines and regulations, and human resources policies and procedures. • Creates, maintains, and updates employment databases and files according to area of assignment. • Assists in the preparation and monitoring of the departmental budget. • Attends and participates in professional group meetings; stays abreast of new trends and innovations in the field of human resource management. • Performs related duties and responsibilities as assigned. MINIMUM QUALIFICATIONS: Education and Experience: ' Possession of a Bachelor s degree from an accredited college or university with major course work in Human Resource Management, Public Administration, Business Administration, Benefits Administration or a related field; AND three (3) years of human resources management experience in employee development programs; or an equivalent combination of education and experience with experience in two or more of the following fields: recruitment and selection; classification and compensation; labor relations; or benefits administration is required. Previous municipal experience is highly desirable. Required Licenses or Certifications: • Must possess a valid California Class C Driver’s License. Required Knowledge of: • City Code, City Ordinances, Standard Operating Manual, personnel policies and procedures, and Memoranda of Understanding provisions. • Principles and practices relating to position classification and pay. • Screening and selection practices and test construction techniques. • Methodology for determining the reliability and validity of applications, tests and interviewing techniques. • Training and supervision principles. • General record keeping. Human Resources Analyst - Page 2 of 3 City of Compton Human Resources Analyst • Federal, State and local labor laws. • Research, statistical and analytical methods. • Principles and practices of public agency labor relations including negotiating, structuring language and handling grievances. • Effective methods of report presentation. • Processes for developing and administering budgets. • Record keeping and file maintenance methods, practices and procedures. • Modern office practices and procedures, including business correspondence, record-keeping systems, and office equipment. Required Skill in: • • • • • Devising appropriate and effective examination processes including but not limited to written, oral and performance examinations. Making sound classification and salary analyses and recommendations. Preparing concise and meaningful class specifications. Interpreting and applying personnel laws, rules, regulations, standard procedures; explaining procedures, adjudicating complaints, and interpreting memoranda of understanding and City rules and regulations. Exercising diplomacy, tact, and good judgment consistently; maintaining confidentiality. • Meeting and communicating with the public in situations requiring tact and poise. • Operating a personal computer utilizing standard and specialized software. • Communicating effectively in both verbal and written form. • Identifying problem areas, collecting and analyzing data, drawing valid conclusions from available information, and projecting consequences of decisions and recommendations. • Operate computer and other office equipment. • Establishing and maintaining effective working relationships with staff, City departments, elected officials, outside agencies, union officials, and the general public. Physical Demands / Work Environment: • Work is primarily performed indoors in a standard office environment. • Work requires frequent light lifting, sorting, filing and typing. • Moderate finger dexterity and near vision is required. • May be exposed to minor amounts of dust and occasional sounds of office equipment running. Human Resources Analyst - Page 3 of 3 REVISED City of Compton DIRECTOR OF COMMUNITY DEVELOPMENT Department: Community Development Class Code: 2014 Revised Date: 06/19/2014 FLSA Status: Exempt Personnel Board Approved: 06/19/2014 Council Approved: Bargaining Unit: AFSCME 2325 GENERAL PURPOSE: Under executive direction, the Director of Community Development serves as the principal administrator of the Department of Community Development; plans, organizes, directs and evaluates the work of personnel engaged in the planning, economic development, redevelopment, housing development and grants administration; to negotiate with developers, property owners, engineers, architects, and contractors to meet the community development goals and objectives; and to perform other related work as required. SUPERVISION RECEIVED/EXERCISED: An incumbent of this class is a department head under the administrative direction of the City Manager, with responsibility for policy development, program planning, fiscal management, administration, and operational direction of the City’s Community Development Department. The incumbent is responsible for accomplishing department objectives and goals within guidelines established by the City Manager and City Council, and exercises supervision over subordinate managerial, supervisory, professional, technical, labor and trades and clerical support personnel. PRIMARY DUTIES AND RESPONSIBILITIES: The following essential functions are those that are critical, integral, necessary, crucial, primary and fundamental to the job. Incumbents who possess the requisite skill, experience, education, and other job-related requirements of a position are expected to perform the essential functions of the job with or without a reasonable accommodation. The following duties ARE NOT intended to serve as a comprehensive list of all duties performed by all employees in this classification, only a representative summary of the primary duties and responsibilities. Incumbent(s) may not be required to perform all duties listed and may be required to perform additional, position-specific duties. • Plans, organizes, manages, leads, and directs the overall operations of the Department of Community Development, including economic development, redevelopment, planning and housing development. • Meet with division managers and other key department staff to share information and discuss issues regarding projects, policies and programs, and to determine priorities and resource management issues, on a regular basis. • Plans, directs and reviews professional planning work in the research, analysis and design of a comprehensive general plan for the physical development of the City. Directs professional staff in the review, analysis, and assessment of development proposals pursuant to processing applications for zoning permits (i.e. zone changes, conditional use permits, variances, waivers etc.). Provides management of Federal, State and local housing programs, including oversight of grants funded programs. Directs the research, analysis and design of the transportation plan and traffic engineering projects to ensure consistency with the general plan for the physical development of the City. Directs and implements planning, zoning, and community development goals, objectives, policies and priorities. Directs the negotiation and management of consultant contracts for the preparation of environmental impact reports, special planning studies, and implementation of grant functions. Administers the City's General Plan and zoning ordinances; interprets zoning and related ordinances. Confers with property owners, public officials and civic leaders concerning zoning and other special planning problems. • • • • • • • Director of Community Development - Page 1 of 3 City of Compton Director of Community Development PRIMARY DUTIES AND RESPONSIBILITIES (Continued): • Administers, directs, and recommends the Department budget; analyzes fiscal data to identify and project resource needs; obtains needed resources; monitors and approves budget expenditures. • Reviews legislation and assures compliance with laws, regulations, statutes, and codes that impact Department operations. • Selects, assigns, trains, directs, and evaluates subordinate staff, including subordinate managers, supervisors, professionals, and others; discusses, negotiates, and resolves personnel issues/conflicts with staff, unions, and labor relations. • Provides consultation and oversight to citywide strategic planning efforts and participates in planning/design teams to develop direction, recommendations, and strategies for Executive Team development and citywide improvement initiatives; participates in Executive Team meetings. • Negotiates, arbitrates, and resolves program, project, and policy issues/conflicts with City Council, City Manager, other departments, and community/business stakeholders. • Represents the Department to other City departments, elected officials and state or federal environmental protection agencies; explains and interprets departmental programs, policies and activities; investigates and resolves sensitive, significant, and controversial issues. • Coordinates department activities with those other departments, outside agencies and organizations; provides technical assistance as necessary. • Composes, reviews, edits and approves all reports including requests for Council action and weekly or monthly reports of departmental activity. • Attends various civic events as City representative; participates on a variety of boards and commissions; attends and participates in professional group meetings; stays abreast of new trends and innovations in the field of civil engineering and public works. • Acts as Secretary to the Planning Commission. • Performs related duties and responsibilities as assigned. MINIMUM QUALIFICATIONS: Education and Experience: Equivalent to graduation from an accredited college or university with a Bachelor’s Degree in planning, architecture, civil engineering, public administration, business administration, or a closely related field with five (5) to ten (10) years of progressively responsible experience as a professional urban planner, housing administrator, redevelopment administrator, grants management or building administrator, including at least five years (5) of supervisory/managerial experience. Additional qualifying experience may be substituted for up to two years of the required education, on a year-for-year basis. A Master’s Degree in any of the above related fields is highly desirable. Required Licenses or Certifications: • Must possess a valid California Class C Driver’s License. Required Knowledge of: • • • • • • • • Principles, practices and techniques utilized in housing, redevelopment, planning and economic development. Principles and practices of municipal planning. Professional, technical, legal and financial problems involved in municipal planning programs. Methods and techniques for determining community, planning and development priorities. Land use planning and zoning concepts and regulations. Applicable local, State and Federal regulations and procedures concerning community development and housing, environmental practices and zoning issues related to municipal planning and transportation planning. Principles and practices of transportation planning, traffic engineering, transit planning, and transportation demand management. Principles and practices of civil engineering related to public works planning, development, design, construction, inspections and GIS. Director of Community Development - Page 2 of 3 City of Compton Director of Community Development • • • • • • • Project management methods and practices, including methods of preparing designs, plans, specifications, estimates, reports and recommendations. Management and supervisory principles and practices. Employee relations including the meet and confer process, grievance procedures and contract interpretation and administration. Budget preparation principles. Hazards and generally accepted safety standards. City ordinances and administrative rules, regulations and statutes affecting departmental operations and personnel matters. General City operations. Required Skill in: • Establishing and maintaining effective working relationships with staff, City departments, elected officials, regulatory agencies, contractors, community groups, local businesses, and the general public. • Understanding and negotiating complex technical agreements with other agencies. • Developing and administering budgets and monitoring expenditures. • Supervising, leading, and delegating tasks and authority. • Operating a personal computer utilizing standard and specialized software. • Establishing and maintaining effective working relationships with co-workers and the public. • Effective verbal and written communication. Ability to: • • • • • • • • • • • • Plan, direct, and integrate broad, comprehensive planning projects. Review and interpret economic plans. Develop complex strategic plans and programs, and methods to evaluate programs. Develop and administer a departmental budget. Communicate effectively orally and in writing. Present proposals and recommendations clearly and logically in public meetings. Establish and maintain effective working relationships with the City Council, Planning Commission public officials, other department heads, staff, private and community organizations, and other encountered in the course of work. Read and understand technical reports, drawings, contracts, etc. Interpret and apply Memoranda of Understanding, City ordinances, and administrative rules and regulations affecting departmental operations and personnel matters. Understand the applicability of existing Federal and State laws and regulations and to keep abreast of current developments in legislation and trends. Utilize a computer and other office equipment. Understand and carry out oral and written directions. Physical Demands / Work Environment: • Work is primarily performed in a standard office environment. • Work may be performed outdoors with time spent in moderate to high temperatures (above 90 degrees). • Work requires light lifting, carrying, driving and on occasion climbing (up to 4 feet). • Moderate finger dexterity and near vision is required. • Work may involve exposure to wet surfaces, uneven terrain, hazardous chemicals, dangerous machinery, occasional loud noise and dust when performing field inspections. Director of Community Development - Page 3 of 3 RESOLUTION SIGN-OFF FORM DEPARTMENT: Human Resources RESOLUTION TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON RESCINDING RESOLUTION NO. 24,145 AND APPROVE AN AMENDMENT TO THE POSITION CLASSIFICATION PLAN REVISING THE CLASSIFICATION SPECIFICATIONS FOR HUMAN RESOURCES SPECIALIST, HUMAN RESOURCES ANALYST AND DIRECTOR OF COMMUNITY DEVELOPMENT Kareemah Bradford 7/23/2015 2:29:08 PM DEPARTMENT MANAGER’S SIGNATURE DATE REVIEW / APPROVAL Ruth Rugley 8/23/2015 10:21:08 AM CITY ATTORNEY DATE Stephen Ajobiewe 8/20/2015 11:30:45 AM CITY CONTROLLER DATE Johnny Ford 8/19/2015 5:31:04 PM CITY MANAGER DATE Use when: Public Works: When contracting for Engineering Services. City Attorney: When contracting for legal services; contracts that require City Attorney’s review. Controller/Budget Officer: Amending Budget; appropriating and/or transferring funds; adding and/or deleting positions; any resolution having account numbers. Asst. City Manager/OAS: All personnel actions. September 1, 2015 TO: MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ESTABLISHING SALARY RANGES AND FRINGE BENEFITS FOR EMPLOYEES IN UNREPRESENTED CLASSIFICATIONS SUMMARY The purpose of this resolution is to establish salary ranges and fringe benefits for employees in unrepresented classifications. BACKGROUND The City of Compton has fulfilled its meet and confer obligations as required by the Meyers-Milias-Brown Act and approved Memorandums of Agreement with the recognized bargaining units that represent the majority of City employees. However, certain classifications (which includes Miscellaneous, Confidential, Hourly, Seasonal and (1) Chief Executive positions) are not represented by recognized bargaining units. STATEMENT OF FACT The salary ranges and fringe benefits for the unrepresented classifications have not been adjusted since July 1, 2008. It is in the best interest of the City to adjust salaries and fringe benefits for employees in unrepresented classifications. All other rights, privileges and working conditions enjoyed by the employees occupying positions in unrepresented classifications shall remain in full force unless changed by the City Council. The attached resolution, if adopted, will authorize an increase to the salary ranges for the classifications that are not represented by a recognized bargaining unit, including the Miscellaneous, Confidential, Hourly, Seasonal and (1) Chief Executive Classifications as follows: Effective Date Percentage Increase July 1, 2014 July 1, 2015 Other provisions within the attached resolution include: 3% 3% Staff Report – Resolution Establishing Salary/ Fringe Benefits for Unrepresented Classifications September 1, 2015, page 2 That the City shall provide Classic California Employees’ Retirement System (CalPERS) members who are unrepresented the 2.7% at 55 years Retirement Plan of CalPERS and shall continue to pay the unrepresented Classic employees’ portion (8%) of retirement contributions to CalPERS. That the City shall provide New CalPERS members (hired January 1, 2013 and thereafter) who are unrepresented employees the 2.0% at 60 years Retirement Plan of CalPERS. New CalPERS members shall pay their portion (8%) of contributions to the CalPERS retirement system. That the City shall continue to provide a contribution to the monthly premium cost for each employee or employee and dependent(s) enrolled in a health insurance plan, a dental plan and/or a vision plan that equals the contribution provided to represented employees. That the City shall provide for term life insurance coverage with a life insurance amount of Forty Thousand ($40,000.00) Dollars. That the City shall provide an educational reimbursement benefit of One Thousand Five Hundred ($1,500.00) Dollars per fiscal year. That the City shall continue provisions for State Disability Insurance at no cost to employees. That the automobile allowance for employees designated by the City Manager to receive an automobile allowance shall be Two Hundred Fifty ($250.00) Dollars per month. That employees in classifications designated by department managers and approved by the City Manager to receive a standby assignment on an as-needed basis shall be paid $15.00 per day for standby. That employees who work during a call-back shall be compensated at the accrual rate of one and on-half (1½) times the hourly rate for the time worked. The employee shall determine if the compensation shall be paid or compensatory. Accrual of compensatory time shall not exceed One Hundred (100) hours per fiscal year. That unrepresented, non-exempt employees shall be compensated for time worked in excess of forty (40) hours per week in accordance with the requirements of the Fair Labor Standards Act. Staff Report – Resolution Establishing Salary/ Fringe Benefits for Unrepresented Classifications September 1, 2015, page 3 FISCAL IMPACT In anticipation of the salary increases, the amount necessary to pay for the adjustments (approximately $95,000) was included in the 2015-2016 Fiscal Year budget. RECOMMENDATION It is recommended that the City Council adopt the attached Resolution and implement adjustments for salaries and fringe benefits for unrepresented employees. JOHNNY FORD CITY MANAGER RESOLUTION NO. ___________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ESTABLISHING SALARY RANGES AND FRINGE BENEFITS FOR EMPLOYEES IN UNREPRESENTED CLASSIFICATIONS WHEREAS, the City Council of the City of Compton has approved Memorandums of Agreement (“MOA’s”) with the recognized bargaining units that represent the majority of City employees; and WHEREAS, certain classifications are not represented by recognized bargaining units and not impacted by the provisions of the MOAs; and WHEREAS, the salary ranges and fringe benefits for the unrepresented classifications have not been adjusted since July 1, 2008; and WHEREAS, it is in the best interest of the City to adjust salaries and fringe benefits for employees in unrepresented classifications. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the salary ranges for the classifications that are not represented by a recognized bargaining unit, including the Miscellaneous, Confidential, Hourly, Seasonal and (1) Chief Executive classifications noted respectively in Exhibits A, B, C-1, C-2, C-3, C-4 and C-5, which are attached hereto and incorporated herein by reference, shall be increased as follows: Effective Date July 1, 2014 July 1, 2015 Percentage Increase 3% 3% Section 2. That the minimum salary level for all unrepresented employees shall be subject to the Federal and/or State minimum wage, whichever is higher. Section 3. That the City shall provide Classic California Employees’ Retirement System (CalPERS) members who are unrepresented the 2.7% at 55 years Retirement Plan of CalPERS and shall continue to pay the unrepresented Classic employees’ portion (8%) of retirement contributions to CalPERS. Section 4. That the City shall provide New CalPERS members (hired January 1, 2013 and thereafter) who are unrepresented employees the 2.0% at 60 years Retirement Plan of CalPERS. New CalPERS members shall pay their portion (8%) of contributions to the CalPERS retirement system. Section 5. That the City shall continue to provide a contribution to the monthly premium cost for each employee or employee and dependent(s) enrolled in a health insurance plan, a dental plan and/or a vision plan that equals the contribution provided to represented employees. Section 6. That the City shall provide for term life insurance coverage with a life insurance amount of Forty Thousand ($40,000.00) Dollars. Section 7. That the City shall provide an educational reimbursement benefit of One Thousand Five Hundred ($1,500.00) Dollars per fiscal year. Section 8. That the City shall continue provisions for State Disability Insurance at no cost to employees. Resolution No. _______ Page 2 Section 9. That the automobile allowance for employees designated by the City Manager to receive an automobile allowance shall be Two Hundred Fifty ($250.00) Dollars per month. Section 10. That employees in classifications designated by department managers and approved by the City Manager to receive a standby assignment on an as-needed basis shall be paid $15.00 per day for standby. Section 11. That employees who work during a call-back shall be compensated at the accrual rate of one and on-half (1½) times the hourly rate for the time worked. The employee shall determine if the compensation shall be paid or compensatory. Accrual of compensatory time shall not exceed one hundred (100) hours per fiscal year. Section 12. That unrepresented, non-exempt employees shall be compensated for time worked in excess of forty (40) hours per week in accordance with the requirements of the Fair Labor Standards Act. Section 13. That all other rights, privileges and working conditions enjoyed by the employees occupying positions in unrepresented classifications shall remain in full force unless changed by the City Council. Section 14. That all issues of compensation and/or working conditions not addressed by this Resolution shall be governed by the policies and procedures adopted by the City Manager and/or the City Council. Section 15. That a certified copy of this Resolution shall be forwarded to the City Manager’s Office, the City Controller’s Office and the Human Resources Department. Section 16. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution. ADOPTED this ____ day of _____________, 2015. ________________________________ MAYOR OF THE CITY OF COMPTON ATTEST: _____________________________________ CITY CLERK OF THE CITY OF COMPTON STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON: ss Resolution No. _______ Page 3 I, Alita Godwin, the City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor and attested to by the City Clerk at a regular meeting thereof held on the ____ day of _________________, 2015. That said Resolution was adopted by the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERS- _____________________________________ CITY CLERK OF THE CITY OF COMPTON RESOLUTION SIGN-OFF FORM DEPARTMENT: Human Resources RESOLUTION TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON ESTABLISHING SALARY RANGES AND FRINGE BENEFITS FOR EMPLOYEES IN UNREPRESENTED CLASSIFICATIONS Kareemah Bradford 7/23/2015 5:34:10 PM DEPARTMENT MANAGER’S SIGNATURE DATE REVIEW / APPROVAL Ruth Rugley 8/23/2015 10:10:59 AM CITY ATTORNEY DATE Stephen Ajobiewe 8/20/2015 11:25:54 AM CITY CONTROLLER DATE Johnny Ford 8/16/2015 12:10:23 PM CITY MANAGER DATE Use when: Public Works: When contracting for Engineering Services. City Attorney: When contracting for legal services; contracts that require City Attorney’s review. Controller/Budget Officer: Amending Budget; appropriating and/or transferring funds; adding and/or deleting positions; any resolution having account numbers. Asst. City Manager/OAS: All personnel actions. September 1, 2015 TO: MAYOR AND CITY COUNCIL FROM: GLEN W.C. KAU, P.E., DIRECTOR PUBLIC WORKS/MUNICIPAL UTILITIES SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON URGING THE GOVERNOR AND LEGISLATURE TO PROVIDE NEW SUSTAINABLE FUNDING FOR STATE AND LOCAL TRANSPORTATION INFRASTRUCTURE IN THE GOVERNOR’S SPECIAL SESSION. SUMMARY A resolution of the City Council of the City of Compton urging the Governor of California and the State Legislature to provide new sustainable funding for state and local transportation infrastructure in the Governor’s Special Session. BACKGROUND The Governor’s June proclamation for an Extraordinary Session on Transportation and Infrastructure called on the Legislature to consider, “7permanent and stable funding to adequately and responsibly maintain and repair the state’s transportation and infrastructure.” Unfortunately, the Governor made no mention of priorities for local streets and roads. Ultimately any transportation funding proposal will be decided by the Governor and a 2/3 vote of the Legislature, and requiring a bi-partisan agreement. Many legislators have indicated their support for funding local streets and roads in any transportation package. While several funding proposals have been introduced, including League of California Cities (League) supported SB 16, it’s likely that a final funding package will be the result of negotiations between the Governor and legislators from both sides. STATEMENT OF ISSUE The League wants to ensure that all discussions on transportation funding include provisions of maintenance and sustainability of our local streets, roads, and transportation infrastructure. The League’s Board of Directors adopted Transportation Funding Principles to help guide the legislative special session. The basics of these principles are: 1. Make a significant investment in transportation infrastructure 2. Focus on maintaining and rehabilitating the current system Staff Report – Resolution Urging State Provide Sustainable Funding for Transportation Infrastructure September 1, 2015, page 2 3. Invest a portion of diesel tax and/or cap & trade revenue to high-priority goods movement projects 4. Raise revenues across a broad range of options 5. Equal split between state and local projects 6. Strong accountability requirements to protect the taxpayers’ investment 7. Provide consistent annual funding levels Additionally, the League has joined a coalition with the California Association of Counties and the California Alliance for Jobs called “Fix Our Roads”. They are asking cities and 3rd party stakeholders to help stimulate the narrative for local transportation by adopting the Transportation Funding Principles and joining the coalition. ALTERNATIVE No other alternative is being proposed at this time. RECOMMENDATION Staff recommends the City Council adopt the attached Resolution. FISCAL IMPACT None. GLEN W.C. KAU, P.E., DIRECTOR PUBLIC WORKS/MUNICIPAL UTILITIES DEPARTMENT APPROVED FOR FORWARDING JOHNNY FORD CITY MANAGER Attachments: Fixed Our Road Coalition Sign-up Form Proposed New Local Street & Road Funding RESOLUTION NO.___________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON URGING THE GOVERNOR AND LEGISLATURE TO PROVIDE NEW SUSTAINABLE FUNDING FOR STATE AND LOCAL TRANSPORTATION INFRASTRUCTURE IN THE GOVERNOR’S SPECIAL SESSION WHEREAS, Governor Edmund G. Brown, Jr. has called an extraordinary session to address the immense underfunding of California’s transportation infrastructure; and WHEREAS, cities and counties own and operate more than 81 percent of streets and roads in California, and from the moment we open our front door to drive to work, bike to school, or walk to the bus station, people are dependent upon a safe, reliable local transportation network; and WHEREAS, the City of Compton has participated in efforts with the California State Association of Counties, League of California Cities, and California’s Regional Transportation Planning Agencies to study unmet funding needs for local roads and bridges, including sidewalks and other essential components; and WHEREAS, the resulting “2014 California Statewide Local Streets and Roads Needs Assessment,” which provides critical analysis and information on the local transportation network’s condition and funding needs, indicates that the condition of the local transportation network is deteriorating as predicted in the initial 2008 study; and WHEREAS, the results show that California’s local streets and roads are on a path of significant decline. On a scale of zero (failed) to 100 (excellent), the statewide average Pavement Condition Index (“PCI”) is 66, placing it in the “at risk” category where pavements will begin to deteriorate much more rapidly and require rehabilitation or rebuilding rather than more cost-effective preventative maintenance if funding is not increased; and WHEREAS, the results show that the City of Compton’s local streets have a statewide average pavement index of 58.1, placing them in the “Poor” category; and WHEREAS, if funding remains at the current levels, in 10 years, 25 percent of local streets and roads in California will be in “failed” condition; and WHEREAS, cities and counties need an additional $1.7 billion just to maintain a status quo pavement condition of 66, and much more revenue to operate the system with Best Management Practices, which would reduce the total amount of funding needed for maintenance in the future; and WHEREAS, models show that an additional $3 billion annual investment in the local streets and roads system is expected to improve pavement conditions statewide from an average “at risk” condition to an average “good” condition; and WHEREAS, if additional funding isn’t secured now, it will cost taxpayers twice as much to fix the local system in the future, as failure to act this year will increase unmet funding needs for local transportation facilities by $11 billion in five years and $21 billion in ten years; and Resolution No. _______ Page 2 WHEREAS, modernizing the local street and road system provides well-paying construction jobs and boosts local economies; and WHEREAS, the local street and road system is also critical for farm to market needs, interconnectivity, multimodal needs, and commerce; and WHEREAS, police, fire, and emergency medical services all need safe reliable roads to react quickly to emergency calls and a few minutes of delay can be a matter of life and death; and WHEREAS, maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which leads to reduce vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals; and WHEREAS, restoring roads before they fail also reduces construction time which results in less air pollution from heavy equipment and less water pollution from site run-off; and WHEREAS, in addition to the local system, the state highway system needs an additional $5.7 billion annually to address the state’s deferred maintenance; and WHEREAS, in order to bring the local system back into a cost-effective condition, at least $7.3 billion annually in new money going directly to cities and counties. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That it is hereby strongly urged on behalf of the City of Compton, California that Governor Edmund G. Brown, Jr. and the California State Legislature identity a sufficient and stable funding source for local street and road and state highway maintenance and rehabilitation to ensure the safe and efficient mobility of the traveling public and the economic vitality of California. Section 2. That City of Compton further strongly urges that the Governor and Legislature adopt the following priorities for funding California’s streets and roads: a. Make a significant investment in transportation infrastructure. Any package should seek to raise at least $6 billion annually and should remain in place for at least 10 years or until an alternative method of funding our transportation system is agreed upon. Resolution No. _______ Page 3 b. Focus on maintaining and rehabilitating the current system. Repairing California’s streets and highways involve much more than fixing potholes. It requires major road pavement overlays, fixing unsafe bridges, providing safe access for bicyclists and pedestrians, replacing storm water culverts, as well as operational improvements that necessitate the construction of auxiliary lanes to relieve traffic congestion choke points and fixing design deficiencies that have created unsafe merging and other traffic hazards. Efforts to supply funding for transit in addition to funding for roads should also focus on fixing the system first. c. Equal split between state and local projects. We support sharing revenue for roadway maintenance equally (50/50) between the state and cities and counties, given the equally-pressing funding needs of both systems, as well as the longstanding historical precedent for collecting transportation user fees through a centralized system and sharing the revenues across the entire network through direct subventions. Ensuring that funding to local governments is provided directly, without intermediaries, will accelerate project delivery and ensure maximum accountability. d. Raise revenues across a broad range of options. Research by the California Alliance for Jobs and Transportation California shows that voters strongly support increased funding for transportation improvements. They are much more open to a package that spreads potential tax or fee increases across a broad range of options, including fuel taxes, license fees, and registration fees, rather than just one source. Additionally, any package should move California toward an all-users pay structure, in which everyone who benefits from the system contributes to maintaining it – from traditional gasoline-fueled vehicles, to new hybrids or electric vehicles, to commercial vehicles. e. Invest a portion of diesel tax and/or cap & trade revenue to high priority goods movement projects. While the focus of transportation funding package should be on maintaining and rehabilitating the existing system, California has a critical need to upgrade the goods movement infrastructure that is essential to our economic well-being. Establishing a framework to make appropriate investments in major goods movement arteries can lay the groundwork for greater investments in the future that will also improve air quality and reduce greenhouse gas emissions. f. Strong accountability requirements to protect the taxpayers’ investment. Voters and taxpayers must be assured that all transportation revenues are spent responsibly. Local governments are accustomed to employing transparent processes for selecting road maintenance projects aided by pavement management systems, as well as reporting on the expenditure of transportation funds through the State Controller’s Local Streets and Roads Annual Report. g. Provide Consistent Annual Funding Levels. Under current statute, the Resolution No. _________ Page 4 annual gas tax adjustment by the Board of Equalization is creating extreme fluctuations in funding levels – a $900 million drop in this budget year alone. A transportation funding package should contain legislation that will create more consistent revenue projections and allow Caltrans and transportation agencies the certainty they need for longer term planning. SECTION 3. That copies of this Resolution be filed in the offices of the City Manager, City Clerk, and the Public Works and Municipal Utilities Department. SECTION 4. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution. ADOPTED this _______ day of _______________, 2015. ________________________________ MAYOR OF THE CITY OF COMPTON ATTEST: _____________________________________ CITY CLERK OF THE CITY OF COMPTON STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON: ss I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council of the City of Compton, signed by the Mayor and attested by the City Clerk, at a regular meeting thereof, held on the ____ day of ___________________, 2015, That said Resolution was adopted by the following, to wit: AYES: NOES: ABSTAIN: ABSENT: COUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERS- ____________________________________ CITY CLERK OF THE CITY OF COMPTON I Support the Fix Our Roads Coalition Principles for New Transportation Funding in the Legislative Special Session Yes, I/my organization support(s) efforts to secure new sources of stable, accountable funding to fix California’s highways and road infrastructure. I/we sign-on to join the “Fix our Roads” coalition and in support of the following principles that should guide the legislative special session on transportation. 1. Make a significant investment in transportation infrastructure. 2. Focus on maintaining and rehabilitating the current system. 3. Invest a portion of diesel tax and/or cap & trade revenue to high-priority goods movement projects. 4. Raise revenues across a broad range of options. 5. Equal split between state and local projects. 6. Strong accountability requirements to protect the taxpayers’ investment. 7. Provide consistent annual funding levels. Please select a category: Organization Company Elected official Company or Organization Name Name Title/Occupation Street address City State Phone number Zip County Fax number E-mail Address Signature (Required) Date Email or fax this form to: [email protected] or 916-442-3510 (fax) Proposed New Local Streets&Roads Funding Allocation: half of total among cities on a population basis, half of total among counties proportionate to registered vehicles and maintained miles. Estimated 2 July 2015 $3 Billion / yr = $1.5B cities, $1.5B counties LOS ANGELES COUNTY AGOURA HILLS 1,069,996 ALHAMBRA 4,143,322 ARCADIA 2,630,724 ARTESIA 805,596 AVALON 174,772 AZUSA 2,251,305 BALDWIN PARK 3,733,524 BELL 1,783,494 BELLFLOWER 3,556,785 BELL GARDENS 2,150,423 BEVERLY HILLS 1,657,311 BRADBURY 49,503 BURBANK 4,962,644 CALABASAS 1,095,434 CARSON 4,498,722 CERRITOS 2,519,731 CLAREMONT 1,728,500 COMMERCE 621,354 COMPTON 4,564,604 COVINA 2,274,776 CUDAHY 1,190,872 CULVER CITY 1,869,873 DIAMOND BAR 2,791,725 DOWNEY 5,202,658 DUARTE 1,057,963 EL MONTE 5,785,947 EL SEGUNDO 781,257 GARDENA 2,834,182 GLENDALE 9,511,876 GLENDORA 2,417,064 HAWAIIAN GARDENS 728,459 HAWTHORNE 4,124,290 HERMOSA BEACH 903,597 HIDDEN HILLS 93,334 HUNTINGTON PARK 2,970,614 INDUSTRY 36,784 INGLEWOOD 5,454,155 IRWINDALE 79,013 LA CANADA FLINTRIDGE 988,603 LA HABRA HEIGHTS 283,340 LAKEWOOD 3,828,230 LA MIRADA 2,309,410 LANCASTER 7,314,695 LA PUENTE 1,983,795 LA VERNE 1,557,892 LAWNDALE 1,539,134 LOMITA 967,786 LONG BEACH 22,633,792 LOS ANGELES 187,342,533 LOS ANGELES MTA LYNWOOD 3,353,373 MALIBU 629,773 MANHATTAN BEACH 1,685,631 2 July 2015 CaliforniaCityFinance.com 284,616,586 Page 4 of 12 Proposed New Local Streets&Roads Funding Allocation: half of total among cities on a population basis, half of total among counties proportionate to registered vehicles and maintained miles. Estimated 2 July 2015 $3 Billion / yr = $1.5B cities, $1.5B counties MAYWOOD 1,374,107 MONROVIA 1,829,337 MONTEBELLO 3,009,594 MONTEREY PARK 2,975,098 NORWALK 5,040,834 PALMDALE 7,121,577 PALOS VERDES ESTATES 650,041 PARAMOUNT 2,658,587 PASADENA 6,934,864 PICO RIVERA 3,078,542 POMONA 7,488,780 RANCHO PALOS VERDES 1,991,344 REDONDO BEACH 3,115,922 ROLLING HILLS (2) ROLLING HILLS ESTATES 374,752 ROSEMEAD 2,642,437 SAN DIMAS 1,693,317 SAN FERNANDO 1,160,538 SAN GABRIEL 1,966,592 SAN MARINO 625,563 SANTA CLARITA 9,568,059 SANTA FE SPRINGS 823,394 SANTA MONICA 4,241,323 SIERRA MADRE 509,949 SIGNAL HILL 524,544 SOUTH EL MONTE 1,035,224 SOUTH GATE 4,704,010 SOUTH PASADENA 1,190,048 TEMPLE CITY 1,653,193 TORRANCE 6,849,812 VERNON 5,582 WALNUT 1,494,206 WEST COVINA 5,167,795 WEST HOLLYWOOD 1,740,213 WESTLAKE VILLAGE 407,419 WHITTIER 3,991,838 2 July 2015 CaliforniaCityFinance.com Page 5 of 12 RESOLUTION SIGN-OFF FORM DEPARTMENT: Public Works-Engineering RESOLUTION TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON URGING THE GOVERNOR AND LEGISLATURE TO PROVIDE NEW SUSTAINABLE FUNDING FOR STATE AND LOCAL TRANSPORTATION INFRASTRUCTURE IN THE GOVERNOR’S SPECIAL SESSION Glen Kau 8/18/2015 7:09:46 PM DEPARTMENT MANAGER’S SIGNATURE DATE REVIEW / APPROVAL Ruth Rugley 8/26/2015 7:14:23 PM CITY ATTORNEY DATE Stephen Ajobiewe 8/26/2015 3:36:10 PM CITY CONTROLLER DATE Johnny Ford 8/26/2015 1:00:51 PM CITY MANAGER DATE Use when: Public Works: When contracting for Engineering Services. City Attorney: When contracting for legal services; contracts that require City Attorney’s review. Controller/Budget Officer: Amending Budget; appropriating and/or transferring funds; adding and/or deleting positions; any resolution having account numbers. Asst. City Manager/OAS: All personnel actions. September 1, 2015 TO: MAYOR AND CITY COUNCIL FROM: GLEN W.C. KAU, P.E., DIRECTOR PUBLIC WORKS/MUNICIPAL UTILITIES SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO AMEND THE PROFESSIONAL SERVICE AGREEMENT WITH IMS CONSULTANTS FOR ADDITIONAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE STREET REHABILITATION PROJECT (CDBG #13-02) AND ISSUE A PURCHASE ORDER IN THE AMOUNT OF $136,886.30 SUMMARY Adoption of this resolution by the City Council will authorize the City Manager to amend the professional service agreement with IMS Consultants (“IMS”) to expand the scope of services for additional construction management and inspection services for the Street Rehabilitation Project (CDBG #13-02) and authorize additional compensation in the amount of $136,886.30. BACKGROUND On December 16, 2014, pursuant to Resolution No. 24,066, City Council authorized the City Manager to enter into a professional service agreement with IMS Consultants in an amount not to exceed $119,960 for provision of construction management and inspection services on the Street Rehabilitation Project (CDBG# 13-02). The Street Rehabilitation Project consists of installing hot asphalt concrete mix on existing pavement; remove and replace failed asphalt concrete areas; install ADA compliant curb ramps, curb, gutter, sidewalk, and driveway improvements; traffic loop replacement, street sign replacement and other minor associated work. On July 12, 2015, staff received correspondence from IMS Consultants indicating that funds from the original agreement has been exhausted and requested the City authorize an amendment to the agreement to provide for additional compensation in the amount of $136,886.30 needed to complete their services for the Project. Staff Report – Resolution Authorizing Amendment to IMS Consultants Professional Agreement/Expand Scope of Services & Provide Additional Compensation September 1, 2015, page 2 STATEMENT OF ISSUE The Project has experienced challenges in which IMS staff has to spend additional time coordinating, mitigating, negotiating, and developing consensus to ensure that the project is completed successfully to the satisfaction of all parties involved. These issues include, but are not limited to: review and preparation of updated project drawings with design deficiencies, field review of existing streets improvements to be incorporated in the project plans, coordination with the designer and contractor for additional design quantities, explore alternative approaches/cost saving concepts to avoid budget overrun, track project budget, assist the designer with field design reviews, negotiate various change orders, additional scope of services, and additional geotechnical and material testing due to added scope of services, preparation of Project Status Reports, preparation of Power Point Slides, presentation for City Council and public outreach with homeowners/residents to make sure concerns are being addressed properly. Additionally, the inclusion of two additional streets (Acacia and Aprilia) to the Project with rehabilitation/resurfacing plans has taken additional staff time to coordinate and develop solutions acceptable to the City and property owners. Rehabilitation of these additional streets will also take additional time to inspect and finalize the contract. ALTERNATIVE The City desires to amend the agreement to provided additional construction management services for the Street Rehabilitation Project. Therefore, no other alternative is being proposed. FISCAL IMPACT The additional construction management cost is due to project delay of four (4) months and the additional scope of services. Funds in the amount of $136,886.30 are available in the Public Works/Municipal Utilities Department’s 2015-2016 Fiscal Year budget in Account No. 1520-710-0MR-4269. Staff Report – Resolution Authorizing Amendment to IMS Consultants Professional Agreement/Expand Scope of Services & Provide Additional Compensation September 1, 2015, page 3 RECOMMENDATION Staff recommends the City Council adopt the attached Resolution. GLEN W.C. KAU, P.E., DIRECTOR PUBLIC WORKS/MUNICIPAL UTILITIES DEPARTMENT APPROVED FOR FORWARDING JOHNNY FORD CITY MANAGER JF:GK:JS Attachment: Proposal RESOLUTION NO. __________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO AMEND THE PROFESSIONAL SERVICE AGREEMENT WITH IMS CONSULTANTS FOR ADDITIONAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE STREET REHABILITATION PROJECT (CDBG #13-02) AND ISSUE A PURCHASE ORDER IN THE AMOUNT OF $136,886.30 WHEREAS, on December 16, 2014, pursuant to Resolution No. 24,066, City Council authorized the City Manager to enter into a professional service agreement with IMS Consultants in an amount not to exceed $119,960 for provision of construction management and inspection services on the Street Rehabilitation Project (CDBG# 1302); and WHEREAS, the project consists of installing hot asphalt concrete mix on existing pavement; remove and replace failed asphalt concrete areas, install ADA compliant curb ramps, curb, gutter, sidewalk, and driveway improvements; traffic loop replacement, street sign replacement and other minor associated work; and WHEREAS, on July 12, 2015, staff received correspondence from IMS Consultants indicating that funds from the original agreement has been exhausted and requested the City authorize an amendment to the agreement to provide for additional compensation in the amount of $136,886.30 needed to complete their services for the Project; and WHEREAS, the Project has experienced challenges in which IMS staff has to spend additional time coordinating, mitigating, negotiating, and developing consensus to ensure that the Project is completed successfully to the satisfaction of all parties involved; and WHEREAS, these issues include, but are not limited to: review and preparation of updated project drawings with design deficiencies, field review of existing streets improvements to be incorporated in the project plans, coordination with the designer and contractor for additional design quantities, explore alternative approaches/cost saving concepts to avoid budget overrun, track project budget, assist the designer with field design reviews, negotiate various change orders, additional scope of services, and additional geotechnical and material testing due to added scope of services, preparation of Project Status Reports, preparation of Power Point Slides, presentation for City Council and public outreach with homeowners/residents to make sure concerns are being addressed properly; and WHEREAS, additionally, the inclusion of two additional streets (Acacia and Aprilia) to the Project with rehabilitation/resurfacing plans has taken additional staff time to coordinate and develop solutions acceptable to the City and property owners. Rehabilitation of these additional streets will also take additional time to inspect and finalize the contract; and WHEREAS, staff recommends that Council approve the requested action of amending the professional service agreement to expand the scope of services to be provided and provide additional compensation in the amount of $136,886.30; and WHEREAS, funds for this expenditure are available in Works/Municipal Utilities Department’s 2015-2016 Fiscal Year budget. the Public NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS: Resolution No. _______ Page 2 SECTION 1. That the City Manager, upon the advice and approval of the City Attorney is hereby authorized to execute a first amendment to the professional services agreement with IMS Consultants for the provision of additional construction management and inspection services for the Street Rehabilitation Project (CDBG #1302) and authorize additional compensation in the amount of $136,886.30. SECTION 2. That funds in the amount of $136,886.30 are available in the Public Works/Municipal Utilities Department’s 2015-2016 Fiscal Year budget in Account No. 1520-710-0MR-4269. SECTION 3. That a purchase order in the amount of $136,886.30 is authorized to be issued to IMS Consultants for services performed for the Street Rehabilitation Project. SECTION 4. That copies of this Resolution shall be filed in the offices of the City Manager, City Controller, City Clerk, City Attorney and the Public Works/Municipal Utilities Department. SECTION 5. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution. ADOPTED this ____ day of _________________, 2015. ________________________________ MAYOR OF THE CITY OF COMPTON ATTEST: ____________________________________ CITY CLERK OF THE CITY OF COMPTON STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON: ss I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council, signed by the Mayor and attested to by the City Clerk, at a regular meeting thereof held on the ___ day of _________________, 2015. That said resolution was adopted by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: COUNCILMEMBERSCOUNCILMEMBERSCOUNCILMEMBERSCOUNCILMEMBERS- ____________________________________ CITY CLERK OF THE CITY OF COMPTON FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN CITY OF COMPTON AND IMS CONSULTANTS This FIRST AMENDMENT to the Professional Services Agreement is made by and between the CITY OF COMPTON, a municipal corporation of the State of California (hereinafter referred to as “CITY”) located at 205 South Willowbrook Avenue, Compton, California 90220, and IMS CONSULTANTS (hereinafter referred to as “CONSULTANT”), located at 17735 East Bellbrook Street, Covina, California 91722. RECITALS: WHEREAS, the City is in the process of implementing the Street Rehabilitation Project – CDBG #13-02, a street rehabilitation project for various areas of the City to install hot asphalt concrete mix on existing pavement, remove and replace failed asphalt concrete areas, install accessible ramps, improve curbs, gutters, sidewalks, driveways, replace traffic loops and street signs, and minor associated work; and WHEREAS, by Resolution No. 24,066, adopted on the 16th day of December 2014, the City Council authorized the City Manager to enter into a professional services agreement with a qualified and experienced engineering consulting firm, IMS Consultants, to provide construction management and construction inspection services for the Street Rehabilitation Project at a cost of $119,960.00; and WHEREAS, due to project delays and the need to provide additional services for the Project by IMS Consultants, the Consultant and City desire to amend the original Agreement to expand the scope of services to be performed by IMS Consultants for the Project and provide for additional compensation in the amount of $136,886.30; and WHEREAS, Section 26 of the original Agreement authorizes the amendment of the Agreement by written document executed by both parties thereto and approval of the City Attorney; and WHEREAS, pursuant to Resolution No. ______, adopted on the __ day of __________ 2015, the City Council authorized a First Amendment to the professional service agreement with IMS Consultants to provide additional construction management and inspection services for the Project and provide for additional compensation in the amount of $136,886.30. NOW, THEREFORE, Consultant and City, for the consideration, terms and conditions herein described, do hereby mutually agree to amend the original Agreement as follows: AMENDMENTS: 1. The parties agree to amend Section 1 – Scope of Services to be Rendered by Consultant of the original Agreement to expand the scope of services to be rendered to include 1st Amendment to Professional Services Agreement – IMS Consultants Additional Construction Management/Inspection Services – Street Rehabilitation Project (CDBG #13-02) Public Works/Resolution No. _______ that Consultant shall provide the following services (and continue the provision of construction management and inspection services described in the original Agreement): Review and preparation of updated project drawings with design deficiencies Field review of existing streets improvements to be incorporated in the project plans Coordination with the designer and contractor for additional design quantities Explore alternative approaches/cost saving concepts to avoid budget overrun Track project budget Assist the designer with field design reviews Negotiate various change orders, additional scope of services, and additional geotechnical and material testing due to added scope of services Preparation of Project Status Reports, preparation of Power Point Slides, presentation for City Council and public outreach with homeowners/residents to make sure concerns are being addressed properly As indicated in Consultant’s “Request to Amend Construction Management and Inspection Services Contract with Additional Funds for Street Rehabilitation Project CDBG #13-02”, dated July 12, 2015, which is attached hereto and incorporated herein. 2. The parties agree to amend Section 3 – Compensation of the original Agreement to revise the maximum amount of compensation payable to Consultant for services performed and completed pursuant to the Agreement by providing additional compensation for the additional services provided and performed in the not-to-exceed amount of One Hundred Thirty Six Thousand Eight Hundred Eighty Six Dollars and Thirty Cents ($136,886.30). 3. The parties agree to amend Section 29 – Notices of the original Agreement to reflect the change of address for the Consultant as follows: To Consultant: IMS Consultants 17735 East Bellbrook Street Covina, California 91722 Attn: Jay Shah, P.E., Vice President (626) 383-0850 4. Except as provided for above, all other terms and conditions of the original Agreement and any amendments thereto between the City and the Consultant all remain in effect. IN WITNESS WHEREOF, the authorized representatives of the parties have executed this FIRST AMENDMENT to the above-identified PROFESSIONAL SERVICES AGREEMENT. IMS CONSULTANTS/CONSULTANT Dated: _______________ By __________________________________ Jay Shah, P.E., Principal, Project Manager 2 1st Amendment to Professional Services Agreement – IMS Consultants Additional Construction Management/Inspection Services – Street Rehabilitation Project (CDBG #13-02) Public Works/Resolution No. _______ CITY OF COMPTON Recommended for Approval: By __________________________________ Glen W. C. Kau, P.E., Director Public Works/Municipal Utilities Department Dated: ______________ Approved by: Dated: _______________ By _________________________________ Johnny Ford, City Manager Approved as to form: By _________________________________ Craig J. Cornwell, City Attorney Dated: ______________ ATTEST: Dated: _______________ By __________________________________ Alita Godwin, City Clerk 3 RESOLUTION SIGN-OFF FORM DEPARTMENT: Public Works-Engineering RESOLUTION TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO AMEND THE PROFESSIONAL SERVICE AGREEMENT WITH IMS CONSULTANTS FOR ADDITIONAL CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES FOR THE STREET REHABILITATION PROJECT (CDBG #13-02) AND ISSUE A PURCHASE ORDER IN THE AMOUNT OF $136,886.30 Glen Kau 8/18/2015 7:09:29 PM DEPARTMENT MANAGER’S SIGNATURE DATE REVIEW / APPROVAL Ruth Rugley 8/26/2015 7:13:10 PM CITY ATTORNEY DATE Stephen Ajobiewe 8/26/2015 3:35:45 PM CITY CONTROLLER DATE Johnny Ford 8/26/2015 12:59:31 PM CITY MANAGER DATE Use when: Public Works: When contracting for Engineering Services. City Attorney: When contracting for legal services; contracts that require City Attorney’s review. Controller/Budget Officer: Amending Budget; appropriating and/or transferring funds; adding and/or deleting positions; any resolution having account numbers. Asst. City Manager/OAS: All personnel actions. September 1, 2015 TO: MAYOR AND COUNCIL MEMBERS FROM: JOHNNY FORD CITY MANAGER SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA BOARD OF EQUALIZATION FOR THE COLLECTION OF UTILITY USERS TAX ON PREPAID WIRELESS TELEPHONY SUMMARY This resolution authorizes the City Manager and City Attorney to execute certain documents required by the State of California Board of Equalization (BOE) to collect the City’s Utility Users Tax on prepaid wireless telephony services and surcharges. BACKGROUND Traditionally, the City’s Utility Users Tax (UUT) payable on wireless communication services is collected by wireless service providers, who include the charge on their customers’ monthly invoices. In contrast to this arrangement, customers who purchase prepaid wireless services usually avoid paying any UUT due to collection complications. With prepaid wireless, there is no contract, no monthly invoices, and the prepaid wireless services are usually sold by retailers, not service providers themselves. Effective January 1, 2016, California law (AB 1717) imposes a mobile telephony services (MTS) surcharge on purchases of each retail transaction involving prepaid wireless services. In enacting this legislation, the lawmakers stated a desire to promote consumer equity and fairness by ensuring that all wireless customers who use the same public services pay the same taxes and fees to fund those services. STATEMENT OF THE ISSUE The City received notification on July 29, 2015, that we must sign an agreement with the California Board of Equalization to allow collection of this new sales tax on behalf of the City. In order to receive the UUT collected by the BOE commencing on January 1, 2016, the City Manager and City Attorney must execute certain documents required by the State BOE by September 1, 2015. Because many California city councils are dark in the month of August, the BOE has granted an extension of its deadline until the local elected body’s first meeting in September. Staff Report – Resolution Authorizing Agreement with Bd. of Equalization for Collection of UUT on Prepaid Wireless Telephony September 1, 2015, page 2 ALTERNATIVE The City Council can elect to delay its decision to sign the agreement, but the next approval time with the BOE would be December 1, 2015, which would require that the City forego the revenue due for the period January 1 through March 31, 2016. The Council could also decline the opportunity to enter into this arrangement and possibly forgo more than $300,000 in revenue this fiscal year. FISCAL IMPACT While the actual impact of this somewhat new revenue source is unknown, the City's utility user tax revenue consultant MuniServices, LLC, estimates additional revenues will range from 15% to 20% of current utility user tax telecommunication revenues. This estimate is a statewide average, and individual cities will vary depending on their demographics and the number of prepaid wireless retailers in the city. Based on our FY14-15 wireless UUT, MuniServices makes a conservative estimate of between $356,000 and $475,000 in new revenues. Given our demographics, the increase could be greater. However, the BOE does intend to charge an administrative fee for implementation of this new program of five to six (5-6) per cent on that increased amount (approximately $18,000 to $30,000 in administrative charges). RECOMMENDATION Staff recommends the adoption of the attached resolution authorizing the City Manager to enter into an agreement with the BOA for the collection of the prepaid Utility Users Tax, and the City Attorney to make certain certifications as required by the State of California Board of Equalization. JOHNNY FORD CITY MANAGER RESOLUTION NO.__________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA BOARD OF EQUALIZATION FOR THE COLLECTION OF UTILITY USERS TAX ON PREPAID WIRELESS TELEPHONY WHEREAS, the City of Compton certified that Ordinance No. 2139 applies its local charge(s) (access to 911 or communication services and/or utility user tax) to prepaid mobile telephony services; and WHEREAS, the Local Prepaid Mobile Telephony Services Collection Act, mandates the Board of Equalization (Board) to administer and collect the local charges for all applicable local jurisdictions (Rev. & Tax Code section 42103); and WHEREAS, the Board will perform all functions incident to administration and collection of the local charges for the City of Compton; and WHEREAS, the Board requires that the City of Compton enter into an Agreement for State Collection and Administration of Local Charges prior to implementation of the Local Prepaid Mobile Telephony Services Collection Act; and WHEREAS, the Board requires that the City of Compton authorize the agreement; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the City of Compton certified that Ordinance No. 2139 applies its local charges to prepaid mobile telephony services. Section 2. That the Board of Equalization will perform all administration and collection local charges for prepaid mobile telephony services. Section 3. That City Manager, on the advice and approval of the City Attorney is hereby authorized to enter into an agreement with the State of California Board of Equalization for State Collection and Administration of Local Charges. Section 4. That a certified copy of this Resolution shall be filed in the offices of the City Clerk, City Attorney, City Controller and City Manager. Section 5. That the Mayor shall sign and the City Clerk shall attest to the adoption of this Resolution. ADOPTED this ____ day of _____________, 2015. ____________________________________ MAYOR OF THE CITY OF COMPTON ATTEST: _________________________________________ CITY CLERK OF THE CITY OF COMPTON Resolution No. _______ Page 2 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON: ss I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council signed by the Mayor, and attested by the City Clerk at a regular meeting thereof held on the __________ day of ______________________, 2015. That said Resolution was adopted the following vote, to wit: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERS- _________________________________________ CITY CLERK OF THE CITY OF COMPTON RESOLUTION SIGN-OFF FORM DEPARTMENT: City Management RESOLUTION TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER TO ENTER INTO AN AGREEMENT WITH THE STATE OF CALIFORNIA BOARD OF EQUALIZATION FOR THE COLLECTION OF UTILITY USERS TAX ON PREPAID WIRELESS TELEPHONY Kelly Montgomery 8/27/2015 11:11:40 AM DEPARTMENT MANAGER’S SIGNATURE DATE REVIEW / APPROVAL Ruth Rugley 8/27/2015 12:25:50 PM CITY ATTORNEY DATE Stephen Ajobiewe 8/27/2015 11:37:58 AM CITY CONTROLLER DATE Kelly Montgomery 8/27/2015 11:13:36 AM CITY MANAGER DATE Use when: Public Works: When contracting for Engineering Services. City Attorney: When contracting for legal services; contracts that require City Attorney’s review. Controller/Budget Officer: Amending Budget; appropriating and/or transferring funds; adding and/or deleting positions; any resolution having account numbers. Asst. City Manager/OAS: All personnel actions. September 1, 2015 TO: MAYOR AND COUNCIL MEMBERS FROM: JOHNNY FORD CITY MANAGER SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER AND MUNISERVICES, LLC TO EXAMINE PREPAID MOBILE TELEPHONY SERVICES SURCHARGE AND LOCAL CHARGE RECORDS FOR THE PURPOSE OF CONFIRMING THE PROPER REMITTANCE OF CHARGES BY RETAILERS SUMMARY This resolution authorizes the City Manager and MuniServices, LLC, the city’s sales tax audit and review contractor, to examine the records of prepaid mobile telephony service transactions (MTS) for the purpose of determining the proper remittance of charges by retailers. The resolution further authorizes the California State Board of Equalization (BOE) to make available to the City information regarding the collection and remittance of those charges, subject to the confidentiality requirements of the State’s Revenue and Taxation Code. BACKGROUND Beginning January 1, 2016, a new law (AB 1717) requires local jurisdictions to contract with the BOE in order to receive revenue from local utility user taxes (UUT) local 911 charges, and any other local charges imposed on consumers of prepaid mobile services. To ensure the uninterrupted collection of these local revenues, local jurisdictions must contract with the BOE by September 1, 2015. If a local jurisdiction does not contract with the BOE, any local charges imposed upon prepaid mobile telephony services will not be collected by the sellers and the local jurisdiction will not receive local charge revenue from prepaid MTS once the new law is effective on January 1, 2016. In addition to a separate action authorizing the City Manager to enter into the above-referenced agreement with the BOE, and the City Attorney to make the required certifications, staff is bringing forward this resolution to allow the City to have the same revenue audit capabilities available with other sources of retail revenues that flow to the City. Because telephone records are confidential and enjoy the highest level of legal protection of privacy, the BOE requires authorization and specific designation to allow the review of local charge records, which remain protected under the confidentiality requirements of the State Revenue and Taxation Code. Staff Report – Resolution Authorizing Examination of Prepaid Mobile Telephony Service Charges September 1, 2015, page 2 If approved, the resolution would authorize the City Manager and the UUT Tax Administrator (the City Controller) or other employee designated in writing by the City Manager, to examine prepaid mobile telephony services surcharge and local charge records of the BOE pertaining to prepaid charges collected for the City of Compton by the BOE, pursuant to the contract between the City and the BOE. The information obtained by examination of the records shall be used only for purposes related to the collection of the service charges by the BOE pursuant to the contract. Examination of records of charges shall only be performed for the purposes related to the following governmental functions of the City of Compton: a. Compliance and enforcement of the utility users tax b. Administrative functions set out in the City’s utility users tax ordinance c. Legal interpretations and enforcement of utility users tax ordinance The resolution would also authorize MuniServices, LLC, the City’s utility user tax revenue consultant, to examine the above mentioned charges with the same restrictions and as constrained by the confidentiality requirements of the California Revenue and Tax Code STATEMENT OF THE ISSUE Traditionally, the City’s utility users tax (UUT) is collected by wireless service providers who include the charge on their customers’ monthly invoices. In contrast to this arrangement, customers who purchase prepaid wireless services usually avoid paying any UUT due to collection complications. With prepaid wireless, there is no contract, no monthly invoices, and the prepaid wireless services are usually sold by retailers, not service providers themselves. The State of California approved Assembly Bill 1717 (prepaid wireless) which allows for the collection of surcharge fees to go into effective on January 1, 2016. The surcharge will be based on the City’s Utility Users Tax (UUT) for wireless services. The City received notification from the BOE that we must sign the agreement with the California Board of Equalization by September 1, 2015. In order to receive the UUT collected by the BOE commencing on January 1, 2016; the City Manager must execute certain documents required by the State BOE. ALTERNATIVE The City Council can elect to forego the authorization for the examination of charges, in which case, the City would be deprived of the ability to verify general revenues to which it is entitled. Staff Report – Resolution Authorizing Examination of Prepaid Mobile Telephony Service Charges September 1, 2015, page 3 FISCAL IMPACT The fiscal impact of a failure to audit revenues can only be determined over time as the potential losses are projected and estimated through trend and comparative analysis. Recovery of such losses would be unlikely. RECOMMENDATION Staff recommends the adoption of the attached resolution authorizing the City Manager, the City Controller, and MuniServices, LLC to examine the records of charges for the purposes stated herein. JOHNNY FORD CITY MANAGER RESOLUTION NO.__________ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER AND MUNISERVICES, LLC TO EXAMINE PREPAID MOBILE TELEPHONY SERVICES SURCHARGE AND LOCAL CHARGE RECORDS FOR THE PURPOSE OF CONFIRMING THE PROPER REMITTANCE OF CHARGES BY RETAILERS WHEREAS, pursuant to Utility Users Tax Ordinance No. 2139 of the City of Compton and the Local Prepaid Mobile Telephony Services Collection Act, the City of Compton, hereinafter called “Local Jurisdiction,” entered into a contract with the State Board of Equalization, hereafter referred to as the “Board,” to perform all functions incident to the administration and collection of the prepaid mobile telephony services surcharge and local charges (Rev. & Tax. Code, § 42101.5); and WHEREAS, the Local Jurisdiction deems it desirable and necessary for authorized representatives of the Local Jurisdiction to examine confidential prepaid mobile telephony services surcharge and local charge records pertaining to the prepaid mobile telephony services surcharge and local charges collected by the Board for the Local Jurisdiction pursuant to that contract; and WHEREAS, the Board will make available to the Local Jurisdiction any information that is reasonably available to the Board regarding the proper collection and remittance of a local charge of the Local Jurisdiction by a seller, including a direct seller, subject to the confidentiality requirements of Sections 7284.6, 7284.7 and 19542 of the Revenue and Taxation Code; and WHEREAS, Sections 42110 and 42103 of the Revenue and Taxation Code sets forth certain requirements and conditions for the disclosure of Board of Equalization records and establishes criminal penalties for the unlawful disclosure of information contained in or derived from the prepaid mobile telephony services surcharge and local charge records of the Board. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF COMPTON DOES HEREBY RESOLVE AS FOLLOWS: Section 1. That the City Manager or other officer or employee of the Local Jurisdiction designated in writing by the City Manager to the Board is hereby appointed to represent the Local Jurisdiction with authority to examine prepaid mobile telephony services surcharge and local charge records of the Board pertaining to prepaid mobile telephony services surcharge and local charges collected for the Local Jurisdiction by the Board pursuant to the contract between the Local Jurisdiction and the Board. The information obtained by examination of Board records shall be used only for purposes related to the collection of the Local Jurisdiction’s prepaid mobile telephony services surcharge and local charges by the Board pursuant to the contract. Section 2. That the City Manager and the UUT Tax Administrator (City Controller) or other officer or employee of the Local Jurisdiction designated in writing by the City Manager to the Board is hereby appointed to represent the Local Jurisdiction with authority to examine those prepaid mobile telephony services surcharge and local charge records of the Board for purposes related to the following governmental functions of the Local Jurisdiction: a) compliance and enforcement of the utility users tax (local charge) b) administrative functions set out in City’s utility user’s tax ordinance c) legal interpretation and enforcement of utility users tax ordinance, including but not limited to refunds and defense of claims against ordinance The information obtained by examination of Board records shall be used only for those governmental functions of the Local Jurisdiction listed above. Section 3. That MuniServices, LLC is hereby designated to examine the prepaid mobile telephony services surcharge and local charges records of the Board of Equalization pertaining to prepaid mobile telephony services surcharge and local charges collected for the Local Jurisdiction by the Board. The person or entity designated by this section meets all of the Resolution No. _______ Page 2 following conditions (Rev. & Tax. Code, § 42110, subd. (b)(2)): a) has an existing contract with the Local Jurisdiction that authorizes the person to examine the prepaid mobile telephony services surcharge and local charge records; b) is required by that contract with the Local Jurisdiction to disclose information contained in or derived from, those records only to an officer or employee of the Local Jurisdiction authorized by the resolution to examine the information; c) is prohibited by that contract from performing consulting services for a seller during the term of that contract; d) is prohibited by that contract from retaining information contained in, or derived from, those prepaid mobile telephony services surcharge and local charge records, after that contract has expired. Section 4. That the contract between the Local Jurisdiction and MuniServices, LLC designated by the Local Jurisdiction to request information from the Board shall be subject to the following limitations (Rev. & Tax. Code, § 42103, subd. (g)): a) MuniServices, LLC shall, to the same extent as the Board, be subject to Section 55381, relating to unlawful disclosures. b) the contract between the Local Jurisdiction and MuniServices, LLC shall not provide, in whole or in part, in any manner a contingent fee arrangement as payment for services rendered. Section 5. That the information obtained by examination of the Board records shall only be used for purposes related to the collection of the Local Jurisdiction’s prepaid mobile telephony services surcharge and local charges by the Board pursuant to the contract between the Local Jurisdiction and Board, or for purposes related to other governmental functions of the Local Jurisdiction, as identified above in section 2. Section 6. That a certified copy of this Resolution shall be filed in the offices of the City Clerk, City Attorney, City Controller and City Manager. Section 7. this Resolution. That the Mayor shall sign and the City Clerk shall attest to the adoption of ADOPTED this ____ day of ______________, 2015. ____________________________________ MAYOR OF THE CITY OF COMPTON ATTEST: _________________________________________ CITY CLERK OF THE CITY OF COMPTON Resolution No. _______ Page 3 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON I, Alita Godwin, City Clerk of the City of Compton, hereby certify that the foregoing Resolution was adopted by the City Council signed by the Mayor, and attested by the City Clerk at a regular meeting thereof held on the ____ day of __________________, 2015. That said Resolution was adopted the following vote: AYES: NOES: ABSENT: ABSTAIN: COUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERSCOUNCIL MEMBERS- _________________________________________ CITY CLERK OF THE CITY OF COMPTON RESOLUTION SIGN-OFF FORM DEPARTMENT: City Management RESOLUTION TITLE: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COMPTON AUTHORIZING THE CITY MANAGER AND MUNISERVICES, LLC TO EXAMINE PREPAID MOBILE TELEPHONY SERVICES SURCHARGE AND LOCAL CHARGE RECORDS FOR THE PURPOSE OF CONFIRMING THE PROPER REMITTANCE OF CHARGES BY RETAILERS. <ManagersName> <ManagersDate> DEPARTMENT MANAGER’S SIGNATURE DATE REVIEW / APPROVAL <LegalName> <LegalDate> CITY ATTORNEY DATE <ControllerName> <ControllerDate> CITY CONTROLLER DATE <CityManager> <CityManagerDate> CITY MANAGER DATE Use when: Public Works: When contracting for Engineering Services. City Attorney: When contracting for legal services; contracts that require City Attorney’s review. Controller/Budget Officer: Amending Budget; appropriating and/or transferring funds; adding and/or deleting positions; any resolution having account numbers. Asst. City Manager/OAS: All personnel actions. -1- Tuesday, September 01, 2015 NOTICE The Urban Community Development Commission (UCDC) was established by Ordinance No. 1,479, adopted on July 15, 1975. The Commission functions as the governing body for the Local Housing Authority (LHA) and exercises the power, authority, jurisdiction and functions of housing authorities and federal surplus property authorities granted under the Marks Foran Residential Rehabilitation Act to charter cities. “As a result of the convening of this meeting of the Urban Community Development Commission, each Commissioner in attendance is entitled to receive and shall be provided $75 subject to a maximum payment of $150 per month” URBAN COMMUNITY DEVELOPMENT COMMISSION AGENDA Tuesday, September 01, 2015 4:00 PM WORKSHOP(S) HEARING(S) OPENING ROLL CALL PUBLIC COMMENTS ON AGENDA AND NON-AGENDA ITEMS APPROVAL OF MINUTES CLOSED SESSION UNFINISHED BUSINESS NEW BUSINESS -2- 1. Tuesday, September 01, 2015 A RESOLUTION OF THE URBAN COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF COMPTON AMENDING SECTION 1 OF ARTICLE III OF ITS BY-LAWS SO AS TO REVISE THE TIME AND DATES OF THE REGULAR MEETINGS OF THE COMPTON URBAN COMMUNITY DEVELOPMENT COMMISSION AND RESCINDING RESOLUTION NO. 1,886 COMMISSION COMMENTS ADJOURNMENT September 1, 2015 TO: HONORABLE CHAIRPERSON AND COMMISSIONERS FROM: COMMISSION GENERAL COUNSEL RE: A RESOLUTION OF THE URBAN COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF COMPTON AMENDING SECTION 1 OF ARTICLE III OF ITS BY-LAWS SO AS TO REVISE THE TIME AND DATES OF THE REGULAR MEETINGS OF THE COMPTON URBAN COMMUNITY DEVELOPMENT COMMISSION AND RESCINDING RESOLUTION NO. 1,886 SUMMARY The Chairperson of the Compton Urban Community Development Commission has requested that a resolution be brought forth for Commission consideration and approval that will amend the Commission By-Laws to revise the time and the dates of the regular meetings of the Urban Community Development Commission. BACKGROUND On July 15, 1975, the City Council of the City of Compton adopted Ordinance No. 1,479 (codified at Section 2-13 of the Compton Municipal Code), which created and established the Urban Community Development Commission (“UCDC” or “Commission”), primarily to function as the governing body for the (former) Community Redevelopment Agency (“CRA”) and the Local Housing Authority (“LHA”) and exercise the power, authority, jurisdiction and functions of redevelopment agencies, housing authorities and federal surplus property authorities granted under the Marks Foran Residential Rehabilitation Act to charter cities. Section 1 of Article III of the By-Laws of the UCDC establishes the regular meeting dates and times of the UCDC. On April 1, 2014, the Commission adopted Resolution No. 1,886, which revised Section 1 of Article III of the Commission By-Laws, establishing that regular meetings of the Commission shall be held on the first (1st) and third (3rd) Tuesdays of the month at 4:00 p.m. STATEMENT OF ISSUE The UCDC has five (5) Commission members – the City Council members serve as the Chairperson and Commission members – and officers appointed by the Commission and they conduct regular meetings two (2) times a month. Staff Report - Resolution Revising Days of Regular Meetings of the Urban Community Development Commission (“as-needed”) September 1, 2015, page 2 Pursuant to state law, which became effective in February 2012, all redevelopment agencies in the State of California were declared dissolved and successor agencies designated as successor entities to the former redevelopment agencies. The laws empowered successor agencies with the authority, rights, powers, duties and obligations previously vested in the former redevelopment agencies except for those that were repealed, restricted or revised by state law. On February 7, 2012, the Compton Successor Agency to the Community Redevelopment Agency of the City of Compton (“Successor Agency”) was formally established as a distinct and separate legal entity from the City of Compton. Therefore, since the establishment of the Successor Agency, the only agency that the UCDC governs is the Compton Local Housing Authority. Currently, pursuant to Resolution No. 1,886, the regular meetings of the Urban Community Development Commission are held at 4:00 p.m. every first (1st) and third (3rd) Tuesday of the month. However, in light of the fact that the majority of the Commission’s business used to involve matters of the former Community Redevelopment Agency, since the CRA was dissolved the Commission’s business has been essentially limited to approval of minutes and public and Commission member comments for the LHA. Therefore, it is recommended that to maximize the limited time and resources of the Commission and administrative staff in conducting the business within the jurisdiction of the UCDC, in addition to the business of the other legislative bodies of the City, that the Commissioners approval revision of the By-Laws so as to set regular meetings on an “as needed” basis only at a time to be determined when the necessity arises. ALTERNATIVE None presented due to the fact that the jurisdiction of the Commission has been limited to matters concerning the LHA, which agency rarely presents business to the Commission on a regular monthly basis. FISCAL IMPACT Potential savings since the Commissioners are entitled to compensation only when the Commission actually conducts a meeting. 2 Staff Report - Resolution Revising Days of Regular Meetings of the Urban Community Development Commission (“as-needed”) September 1, 2015, page 2 RECOMMENDATION It is recommended that the Commission adopt the attached Resolution. CRAIG J. CORNWELL COMMISSION GENERAL COUNSEL 3 RESOLUTION NO. _________ A RESOLUTION OF THE URBAN COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF COMPTON AMENDING SECTION 1 OF ARTICLE III OF ITS BY-LAWS SO AS TO REVISE THE TIME AND DATES OF THE REGULAR MEETINGS OF THE COMPTON URBAN COMMUNITY DEVELOPMENT COMMISSION AND RESCINDING RESOLUTION NO. 1,886 WHEREAS, on July 15, 1975, the City Council of the City of Compton adopted Ordinance No. 1,479 (codified at Section 2-13 of the Compton Municipal Code), which created and established the Urban Community Development Commission (“UCDC” or “Commission”), primarily to function as the governing body for the (former) Community Redevelopment Agency (“CRA”) and the Local Housing Authority (“LHA”) and exercises the power, authority, jurisdiction and functions of redevelopment agencies, housing authorities and federal surplus property authorities granted under the Marks Foran Residential Rehabilitation Act to charter cities; and WHEREAS, Section 1 of Article III of the By-Laws of the UCDC establishes the regular meeting dates and times of the UCDC; and WHEREAS, Resolution No. 1,886, adopted by the Commission on April 1, 2014, revised Article III, Section 1 of the Commission By-Laws, establishing that regular meetings of the Commission shall be held on the first (1st) and third (3rd) Tuesdays of the month at 4:00 p.m.; and WHEREAS, pursuant to state law (effective February 2012), all redevelopment agencies in the State of California were declared dissolved and successor agencies designated as successor entities to the former redevelopment agencies; and WHEREAS, in February 2012, the Compton Successor Agency to the Community Redevelopment Agency of the City of Compton was formally established as a distinct and separate legal entity from the City of Compton, thus, since the dissolution of the CRA, the only agency that the UCDC governs is the Compton Local Housing Authority (“LHA”); and WHEREAS, in light of the fact that the Commission only acts as the governing body of the Local Housing Authority, which generally does not present business for consideration and action every month, it is recommended that meetings of the UCDC be convened on an “as-needed” basis at a time to determined when the necessity arises. NOW, THEREFORE, THE URBAN COMMUNITY COMMISSION DOES HEREBY RESOLVE AS FOLLOWS: DEVELOPMENT Section 1. That Resolution No. 1,886, adopted by the Compton Urban Community Development Commission on April1, 2014, is hereby rescinded. Section 2. That Section 1 (Regular Meetings) of Article III of the By-Laws of the Urban Community Development Commission is hereby amended in its entirety to read as follows: “Section 1. Regular Meetings. Regular meetings shall be held on an “asneeded” basis on Tuesdays at a meeting time that shall be determined and published as needed pursuant to state law. All meetings of the Commission, including without limitation, regular, adjourned regular, special and emergency meetings shall be called, noticed and conducted in accordance with the Resolution No. _______ Page 2 provisions of the Ralph M. Brown Act, Sections 54950 et seq. of the California Government Code.” Section 3. That a certified copy of this Resolution shall be filed in the offices of the Commission Secretary and each department and agency of the City of Compton, including the Los Angeles County Sheriff’s Department, Compton Station. Section 4. That the Commission Chairman shall sign and the Commission Secretary shall attest to the adoption of this Resolution. ADOPTED this ____ day of _______________, 2015. ___________________________________________ CHAIRPERSON OF THE COMPTON URBAN COMMUNITY DEVELOPMENT COMMISSION ATTEST: _______________________________________ SECRETARY OF THE COMPTON URBAN COMMUNITY DEVELOPMENT COMMISSION STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF COMPTON ) ) ) ss I, Alita Godwin, Commission Secretary of the Compton Urban Community Development Commission, hereby certify that the foregoing Resolution was adopted by the Commission, signed by the Commission Chairperson and attested by the Commission Secretary at a regular meeting thereof held on the _____ day of ______________, 2015. That said Resolution was adopted by the following vote, to wit: AYES: NOES: ABSTAIN: ABSENT: COMMISSIONERSCOMMISSIONERSCOMMISSIONERSCOMMISSIONERS- ______________________________________ SECRETARY OF THE COMPTON URBAN COMMUNITY DEVELOPMENT COMMISSION RESOLUTION SIGN-OFF FORM DEPARTMENT: City Attorney RESOLUTION TITLE: A RESOLUTION OF THE URBAN COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF COMPTON AMENDING SECTION 1 OF ARTICLE III OF ITS BY-LAWS SO AS TO REVISE THE TIME AND DATES OF THE REGULAR MEETINGS OF THE COMPTON URBAN COMMUNITY DEVELOPMENT COMMISSION AND RESCINDING RESOLUTION NO. 1,886 <ManagersName> <ManagersDate> DEPARTMENT MANAGER’S SIGNATURE DATE REVIEW / APPROVAL <LegalName> <LegalDate> CITY ATTORNEY DATE <ControllerName> <ControllerDate> CITY CONTROLLER DATE <CityManager> <CityManagerDate> CITY MANAGER DATE Use when: Public Works: When contracting for Engineering Services. City Attorney: When contracting for legal services; contracts that require City Attorney’s review. Controller/Budget Officer: Amending Budget; appropriating and/or transferring funds; adding and/or deleting positions; any resolution having account numbers. Asst. City Manager/OAS: All personnel actions.